Back to all posts

September 29, 2025 • 3,496 followers

Who Owns Your Data? The Story Behind India’s Digital Personal Data Protection Act 2023

It all began with a question that almost every Indian internet user had in their minds, but few dared to ask:

“Who really owns my data?”

Every day, millions of Indians log into apps, order food, shop online, pay bills, and share their lives through digital footprints. But in this sea of data, there was no clear shield protecting the ordinary citizen. What if a payment app misused personal information? What if a hospital shared sensitive health data without consent? Who was responsible when a data breach leaked millions of identities?

India had grown into one of the world’s largest digital economies, but it was running on outdated rules under the IT Act of 2000. Something had to change.


The Arrival of DPDPA

In 2023, the answer came in the form of the Digital Personal Data Protection Act (DPDPA) India’s first dedicated data protection law. The Act was more than just legislation; it was a promise. A promise that the rights of individuals would come first, and that businesses and governments handling data would be held accountable.

The law wasn’t written only for tech companies or legal experts. It was written for the everyday person the student signing up for an online course, the factory worker using a digital wallet, the family booking train tickets online.

The Two Main Characters: People and Organizations


In the story of DPDPA, there are two main characters:


  • The Data Principal: That’s you and me, the people whose personal information is being collected.

  • The Data Fiduciary: The businesses, apps, platforms, and even government agencies that decide how our data is used.

For too long, the balance of power tilted toward organizations. With DPDPA, the scales shifted. Suddenly, individuals had rights, like the ability to ask what data was being collected, to demand corrections or deletion, and even to nominate someone to act on their behalf in case of death.

Organizations, on the other hand, had responsibilities like never before. They had to seek clear consent, explain why data was being collected, secure it properly, and delete it once it was no longer needed.


The Special Watchdogs

Of course, not all organizations are equal. Some handle more sensitive data like hospitals, banks, or tech giants. For them, the law introduced the concept of Significant Data Fiduciaries, who would have to go a step further: appointing Data Protection Officers, running impact assessments before risky projects, and ensuring even tighter safeguards.

To enforce all this, a new Data Protection Board of India (DPBI) was created, not as a silent observer but as a referee with the power to investigate, order fixes, and impose penalties running into hundreds of crores.


Crossing Borders in the Digital Age

Another part of the story is global. Data doesn’t stop at borders, it flows through servers in Singapore, payment gateways in the US, and cloud platforms in Europe. The DPDPA recognized this reality but struck a unique balance. Unlike Europe’s GDPR, which only allows data transfers to “approved” countries, India’s law permits transfers by default, except to nations the government may explicitly blacklist. This makes India’s model flexible, business-friendly, and yet sovereign.


The Difference Between Twins and Cousins

People often ask: Isn’t this just India’s version of GDPR?

The answer is: not quite. GDPR and DPDPA are more like cousins than twins. GDPR covers both online and offline data, sets the age of children’s consent at 16 (sometimes 13), and has regulators across different EU countries. DPDPA, on the other hand, only governs digital data, keeps children’s consent age at 18, and centralizes power under one Board.

Both laws share the same family values transparency, accountability, and privacy, but their styles reflect the worlds they were born into.


What This Means for Businesses

For businesses, especially in sectors like manufacturing, fintech, healthcare, and e-commerce, DPDPA isn’t just about avoiding penalties. It’s about trust. Imagine a factory worker using a salary app. If he knows his data is safe, he’ll use it more confidently. Imagine a hospital patient who can access and control her health records; her trust in the system grows.

To comply, companies will need to map their data flows, update privacy policies, manage consent better, conduct impact assessments, and train employees. Some will see this as a burden. But the smarter ones will recognize it as a chance to stand out by making privacy a selling point.


The Road Ahead

The story doesn’t end with the Act being passed. In fact, that’s just the beginning. The real challenge and opportunity, lies in how organizations implement it, how regulators enforce it, and how citizens exercise their rights.

One thing is clear: the DPDPA is more than a law, it’s a cultural shift. It tells us that in India’s digital future, privacy is not optional; it is a fundamental right. Organizations that embrace this change will not just avoid penalties, they will build trust, earn loyalty, and stand out in a crowded digital world.