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DPDP FAQ

Answers to common questions about India's DPDP Act: applicability, consent, penalties, Data Protection Board, children, breaches and timelines.

Frequently asked questions

Is DPDP compliance mandatory?+

Yes, for Data Fiduciaries within the Act's scope, as provisions commence in phases.

What is the maximum penalty?+

The Schedule to the Act lists maximum penalties per category of breach; the highest tier relates to failure to maintain reasonable security safeguards. See the Act for amounts.

Do I need a Data Protection Officer?+

A DPO based in India is required for Significant Data Fiduciaries. Others should still name an accountable contact.

Can I rely on 'legitimate interests'?+

No. The Act has a closed list of 'legitimate uses', not a general legitimate-interests basis.

What happens if there is a breach?+

Intimate the Board and affected individuals as prescribed. Have a breach plan and an authorised approver ready.

Can a compliance platform certify me?+

No. No tool or consultant can issue a government-recognised DPDP certificate. OmniCompliq produces a Readiness Score, which is not a certificate.

Does erasure always have to happen on request?+

Erasure is subject to legal retention and other exceptions, after identity verification.

Is OmniCompliq a Consent Manager?+

No. A Consent Manager is a separately registered statutory entity. Our software helps your organisation record consent for its own processing.

Relevant provisions
  • Section 5Rule 3 · pending verification
    Privacy notice at or before collection
  • Section 6(1)-(3)
    Valid consent for processing
  • Section 8(6)Rule 7 · pending verification
    Personal data breach intimation
Legal reviewPending legal review · drafted 19 Oct 2026

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