The much-awaited draft Digital Personal Data Protection Rules, 2025 have been notified by the Ministry of Information Technology and Electronics (MeitY) under the Digital Personal Data Protection Act, 2023 (DPDPA). The draft rules were issued 14 months after Parliament approved DPDPA, and these rules are a significant leap forward in safeguarding the privacy of individuals in a world where data breaches, cyberattacks, and privacy violations are everyday concerns. For a nation with over 1.4 billion people and an ever-growing digital footprint, this long-awaited regulation promises to reshape how personal data is handled, processed, and stored. The rules will be open to the public, industries, and important stakeholders for consultation, potentially integrating public sentiments into the final rules, which will be notified in the first quarter of this year.
Indian Data Protection Rules 2025: Key Updates
The Indian Data Protection Rules of 2025 are not merely a national effort; they are part of a broader global movement towards tighter data protection frameworks. Much akin to Europe’s GDPR, which was notified in 2024, the rules try to cover regulations regarding data handling comprehensively.
The Draft Rules apply to all entities handling personal data, including businesses (referred to as Data Fiduciaries), government departments, and individuals acting as Consent Managers. Entities, including e-commerce, social media, and gaming platforms, will fall under data fiduciaries.
1. Notice & Informed Consent: A core principle of the Draft Rules is that Data Fiduciaries must provide users with clear and easily understandable notices before collecting their personal data. These notices must include a comprehensive list of the collected data, the purpose of data processing, and clear instructions on the process of withdrawing consent or filing complaints, ensuring transparency and simplicity. The Draft Rules require companies to make this information more accessible and easier to understand so users know what they are agreeing to.
2. Consent Managers: Consent Managers will be responsible for helping users manage their data-related permissions. As per the rules, entities will be able to use and process personal data only if individuals have consented to consent managers, which will be entities entrusted to manage records of consent of people. According to the draft rules, data fiduciaries have limitations on storing and keeping the data only for the time for which consent has been provided and delete it thereafter. The draft rules also specify the process of suspending or cancelling the registration of consent managers in case of repeated violations.
3. Child Safety: The rules specify that social media or online platforms must obtain a parent’s verifiable consent before children can create an account. Further, parents’ identity and age must be validated and verified through voluntarily provided identity proof issued by an entity entrusted by law or the government. Digital platforms will need to conduct due diligence to check that the individual identifying herself as the child’s parent, is an adult and is identifiable if required in connection with legal compliance. In certain cases, data fiduciaries, such as healthcare providers and educational institutions, are exempt from specific obligations under the DPDPA when processing children’s data, provided that the processing is necessary for the child’s well-being.
4. Data Localization: The Draft Rules impose restrictions on cross-border data transfers, allowing such transfers only under conditions specified by the Central Government.
5. Data Processing by the State: The government can process personal data without express consent to provide subsidies, benefits, services, or certificates. However, this is limited by certain legal and policy requirements. The state must ensure that this data is used only for the intended purpose and remains secure.
GDPR and the Draft DPDP Rules: The Parallels
India’s DPDPA rules echo many provisions of the GDPR, making this a timely and relevant move in an increasingly interconnected digital ecosystem. The Indian government has consciously tried to adopt a framework that mirrors the European model while adapting to local needs. The parallels between the two are unmistakable, particularly in areas like the rights of individuals, the responsibilities of data fiduciaries (controllers), and the overall accountability of data processing activities. However, while there are key similarities in intent and substance, the Indian rules also introduce certain nuances suited to the Indian context, such as provisions concerning the relationship with cross-border data flows.
Why is Public Consultation Important?
The Indian government has opened a transparent, inclusive process for consultation, seeking feedback from industry stakeholders, privacy advocates, legal experts, and the general public. This feedback loop ensures that the final rules are not just technically sound but also socially and economically viable. A well-informed public consultation process encourages a balance between strong privacy protection and the practical realities of the digital economy. For instance, concerns raised by smaller businesses about compliance costs, or the complexities of cross-border data flow restrictions could lead to adjustments or clarifications in the final text of the rules. By fostering dialogue, the Indian government is ensuring that the new laws are comprehensive, inclusive, and adaptable to evolving technologies.
A Step Towards a Stronger Data Privacy Ecosystem:
India’s new Data Protection Rules of 2025 mark a watershed moment in the nation’s regulatory landscape. They provide a much-needed structure for protecting individuals’ privacy while enabling businesses to thrive in a data-driven world. By aligning closely with the GDPR, India is positioning itself as a responsible actor in the global digital economy, capable of safeguarding its citizens’ data without stifling innovation. While there are gaps, especially in areas like AI regulation and data retention, the rules present a solid foundation. The public consultation process will likely continue to shape the final framework, ensuring India’s data protection laws remain adaptable and forward-looking. For organizations operating in India, these rules signal a time of significant change. Compliance will require an overhaul of data handling practices, investments in technology, and a commitment to privacy that may not have been required before. However, for Indian citizens, the 2025 rules offer the hope that their personal data will finally be protected in a world that increasingly thrives on information.
