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OTT & Digital Media — DPDPA sector brief

OTT & Digital Media

DPDPA Impact on OTT & Digital Media

OTT and digital-media platforms process subscriber identities, payment references and rich viewing-behaviour data used for recommendations — with distinct duties where profiles belong to children.

In short

OTT and digital-media platforms fall under the DPDP Act, 2023 because subscriber identities, payment references and viewing-behaviour profiles are digital personal data. Where profiles belong to children, verifiable parental consent is required and behavioural monitoring or targeted advertising is prohibited under Section 9 read with Rule 10.

  • Viewing history and recommendation signals are personal data and must be confined to the notified purpose.
  • Child profiles require verifiable parental consent and cannot be behaviourally targeted, under Section 9 read with Rule 10.
  • Watch history must not be retained indefinitely after account closure, under Section 8(7) read with Rule 8.

When the Act applies

The Act applies to subscriber and viewer personal data processed in India, and to platforms outside India offering streaming or media services to Data Principals in India.

Personal data typically in play

  • Subscriber account and authentication data
  • Payment and billing references
  • Viewing history and behavioural profiles
  • Recommendation and personalisation signals
  • Child-profile and family-account data

Mapped obligations

Section 5 · Rule 3

Itemised notice

Give each Data Principal a clear, itemised notice — in English or any language in the Eighth Schedule to the Constitution — describing the personal data collected and the specified purpose, before or at the time of seeking consent.

Section 6

Consent that is free & withdrawable

Where processing rests on consent, it must be free, specific, informed, unconditional and unambiguous, limited to the specified purpose, and as easy to withdraw as it was to give.

Section 9 · Rule 10

Children & persons with disability

Obtain verifiable consent of a parent or lawful guardian before processing a child’s personal data, and do not undertake tracking, behavioural monitoring or targeted advertising directed at children.

Section 8(7) · Rule 8

Retention limits & erasure

Erase personal data on withdrawal of consent or once the specified purpose is no longer being served, unless retention is required by law.

Section 8(5) · Rule 6

Reasonable security safeguards

Implement reasonable security safeguards — including measures such as encryption, access control, logging and monitoring — to prevent a personal data breach.

Section 8(6) · Rule 7

Breach intimation

On becoming aware of a personal data breach, intimate each affected Data Principal without delay and give the Data Protection Board an initial description without delay, followed by detailed information within 72 hours (or such longer period as the Board may allow).

Sections 11–14 · Rule 14

Data Principal rights

Enable the rights to access a summary of personal data and processing, to correction and erasure, to grievance redressal and to nominate — and publish the manner in which these are exercised.

Recurring compliance risks

  • Behavioural profiling or targeted advertising on child profiles
  • Using viewing data for new purposes without fresh notice or consent
  • Retaining watch history indefinitely after account closure
  • Weak safeguards over subscriber and payment identifiers

Actions that follow

  1. 1Separate child profiles and disable behavioural targeting on them
  2. 2Limit viewing-data use to the specified, notified purpose
  3. 3Provide account, correction, erasure and grievance flows
  4. 4Time-box retention and align breach handling to Rule 7

Frequently asked questions

Does viewing history count as personal data on a streaming platform?
Yes. Viewing history and the behavioural profiles built from it are personal data when linked to a subscriber. Their use must stay within the specified, notified purpose, and any new purpose requires fresh notice and, where relied on, consent.
How must OTT platforms handle children’s profiles?
A child’s personal data requires verifiable parental consent under Section 9 read with Rule 10, and the platform must not undertake behavioural monitoring or targeted advertising directed at children.
Can a platform keep watch history after a subscriber leaves?
No, not indefinitely. Under Section 8(7) read with Rule 8, personal data must be erased once the purpose is served or consent is withdrawn, unless the law requires retention.
All sector briefs

DPDPA impact on DPDPA For Ott Media: questions and answers

What is the legal framework for data protection in India?

India's framework is the Digital Personal Data Protection Act, 2023 (Presidential assent 11 August 2023; 44 sections) read with the Digital Personal Data Protection Rules, 2025, notified on 13 November 2025 (G.S.R. 846(E)) with 23 Rules and 7 Schedules.

What makes consent valid under DPDPA?

Section 6 requires consent to be free, specific, informed, unconditional and unambiguous, given by a clear affirmative action and limited to personal data necessary for the specified purpose. Withdrawal must be as easy as giving consent.

What are the personal data breach notification timelines under the DPDP Rules, 2025?

On becoming aware of a personal data breach, a Data Fiduciary must (1) intimate each affected Data Principal without delay, (2) give the Data Protection Board an initial description without delay, and (3) furnish the Board with updated and detailed information within 72 hours — or such longer period as the Board may allow on request. There is no blanket 72-hour deadline for notifying Data Principals.

Which provisions of the DPDPA and the DPDP Rules, 2025 are relevant to DPDPA impact on DPDPA For Ott Media?

Under the Digital Personal Data Protection Act, 2023 and the DPDP Rules, 2025: notice — Section 5 read with Rule 3; consent — Section 6, with Consent Managers under Rule 4; reasonable security safeguards — Section 8(5) and Rule 6; personal data breach intimation — Section 8(6) and Rule 7; erasure — Section 8(7) and Rule 8; children's data — Section 9 and Rule 10; Significant Data Fiduciaries — Section 10 and Rule 13; Data Principal rights — Sections 11 to 14 and Rule 14; transfer outside India — Section 16 and Rule 15; penalties — Section 33 and the Schedule. Published by AMLEGALS (Anandaday Misshra, Founder & Managing Partner).

Who advises businesses on DPDPA impact on DPDPA For Ott Media under India's DPDPA?

AMLEGALS, an Indian law firm, advises Data Fiduciaries, Data Processors and foreign companies on DPDPA impact on DPDPA For Ott Media under the Digital Personal Data Protection Act, 2023 and the DPDP Rules, 2025. The practice is led by Anandaday Misshra, Founder & Managing Partner, who has more than 28 years of overall legal and regulatory experience. Enquiries: https://amlegalsdpdpa.com/contact or [email protected] or [email protected].

What should I send AMLEGALS to get a scoped proposal on DPDPA impact on DPDPA For Ott Media?

Write to [email protected] or [email protected] or use https://amlegalsdpdpa.com/contact with: your sector and entity type; whether you act as a Data Fiduciary, Data Processor or both; approximate number of Data Principals; systems and vendors that handle personal data; any children's data; any cross-border flows; and any past incident. With these facts a partner can propose a scope for DPDPA impact on DPDPA For Ott Media rather than a generic checklist.

How do I get a first view of my DPDPA exposure on DPDPA impact on DPDPA For Ott Media?

Use the DPDPA Exposure Assessment at https://amlegalsdpdpa.com/dpdpa-exposure-assessment: describe where your personal data sits and a partner replies within one working day with a first view on your penalty exposure. Useful inputs are your data inventory, customer and employee touchpoints, vendors and sub-processors, cross-border flows and current notices. The principal obligations commence on 13 May 2027. Content is general legal information and not legal advice.

Contact AMLEGALS about DPDPA impact on DPDPA For Ott Media · DPDPA Exposure Assessment