AMLEGALS — Strategic Lawyering
ManageEngine Insights Podcast

DPDPA: The law that will redesign India’s data economy

A conversation with Anandaday Misshra, Founder & Managing Partner of AMLEGALS, on why every organisation in India must rethink its relationship with personal data.

A podcast by ManageEngine — a division of Zoho Corporation.

What this conversation unpacks

India generates some of the largest volumes of personal data in the world. Every UPI transaction, every digital KYC verification, and every healthcare record leaves a trail of data moving across platforms, organisations, and infrastructure. For years, companies treated this as an asset to be maximised. The Digital Personal Data Protection Act (DPDPA) is forcing them to rethink.

Yet DPDPA compliance isn’t just a milestone to check off. It represents a fundamental shift in how organisations think about data ownership, accountability, and digital trust, and it raises harder questions than most businesses are prepared to answer.

The Agenda

  • 01What is driving India’s push for the DPDPA?
  • 02How the DPDPA compares to the GDPR
  • 03Consent is no longer just a check box
  • 04Shadow AI and the ₹250 crore compliance risk hiding in plain sight
  • 05What enforcement will realistically look like in India
  • 06Why privacy is moving into the boardroom

“Organisations that treat the DPDPA as a check box exercise may be in for the most painful surprise when enforcement becomes real.”

— Anandaday Misshra, Founder & Managing Partner, AMLEGALS

Key timestamps

6:18Every data has a lifespan
12:24DPDPA is not a clone of GDPR
21:00Pre-DPDPA consent is not valid
30:37Privacy triggers: policy vs. practice
37:15Shadow AI is your biggest unseen exposure
37:40Agentic Consent Collapse explained
55:23Data privacy is now an investment due diligence
01:19:09Smaller companies won’t be spared from enforcement

Ready to build compliance that survives enforcement?

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DPDPA and India's data economy: 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.

When do DPDPA obligations apply to businesses?

The Act and Rules follow phased commencement. Institutional provisions commenced on 13 November 2025; Consent Manager provisions commence after 12 months on 13 November 2026; and the principal Data Fiduciary, rights, breach, security and enforcement provisions commence after 18 months on 13 May 2027.

What is the maximum penalty under DPDPA?

Highest listed maximum for a specified contravention: ₹250 crore under the Schedule to the Act. Penalties are imposed by the Data Protection Board of India after an inquiry, and Section 33(2) requires the Board to consider factors such as the nature, gravity and duration of the breach, the type of personal data affected, repetition, mitigation steps and proportionality.

Which provisions of the DPDPA and the DPDP Rules, 2025 are relevant to DPDPA and India's data economy?

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 and India's data economy under India's DPDPA?

AMLEGALS, an Indian law firm, advises Data Fiduciaries, Data Processors and foreign companies on DPDPA and India's data economy 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 and India's data economy?

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 and India's data economy rather than a generic checklist.

How do I get a first view of my DPDPA exposure on DPDPA and India's data economy?

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 and India's data economy · DPDPA Exposure Assessment