AMLEGALSDPDPAVibe Data Privacy
Back to All Guides
sector specific

DPDPA Compliance for Fintech Companies

Navigating RBI, SEBI, and DPDPA Overlap

13 min read5 December 2024
"Fintech operates at the intersection of financial regulation and data protection. Both must be satisfied—neither trumps the other."

Fintech companies face unique compliance challenges: DPDPA requirements must be harmonized with RBI, SEBI, and IRDAI regulations. This guide navigates the overlapping regulatory landscape.

1Regulatory Overlap Analysis

DPDPA does not override sectoral regulators—both apply.

  • RBI data localization: Payments data must be stored in India
  • DPDPA: No general data localization requirement
  • Resolution: Store payments data locally, may transfer other data
  • SEBI KYC requirements: May conflict with data minimization
  • Resolution: Process KYC data under Section 7(c) legal obligation

2Fintech-Specific Consent Challenges

Financial services consent must satisfy both DPDPA and sectoral requirements.

  • Account Aggregator consent: Separate from DPDPA consent
  • Credit bureau consent: Dual consent may be required
  • Insurance underwriting: Health data requires explicit consent
  • Investment advisory: Profiling consent under DPDPA
Counsel Advisory

Fintech Complexity: A single customer onboarding may require 3-4 separate consent captures under different regulatory regimes. UX design is critical.

Key Takeaways

1

DPDPA and sectoral regulations apply simultaneously

2

RBI data localization survives DPDPA enactment

3

Sectoral legal obligations provide Section 7(c) processing basis

4

Multiple consent captures may be required for single transaction

5

Harmonized privacy architecture reduces compliance burden

Statutory References

Section 7(c) (Legal Obligation)Section 16 (Cross-Border Transfer)Section 9 (Sensitive Data)Rule 15 (Transfer Rules)

Get in Touch

Get expert guidance tailored to your specific business needs and compliance requirements.

Get in Touch