Quick Answer•2 min read

DPDP Act and IT Act: What a Business Should Review

See how the DPDP Act relates to the IT Act. Review current controls, legal start dates and the changes needed in your business.

SP
Sushant Pasumarty

What changes for a business?

  • The DPDP Act deals with digital personal data. The IT Act covers wider areas, including electronic records and cyber offences.
  • Your review should link each applicable rule to the data, documents and systems it affects. Keep useful privacy and security work already in place.

Three points to check with your adviser

PointWhat it means for your review
DPDP scopeIdentify digital records about people, including paper records later digitised. Check the Act’s conditions and exceptions.
Other laws still matterSection 38 explains how DPDP works alongside other laws and how a conflict is treated.
The change to the IT Act is phasedSection 44(2) removes IT Act section 43A when that amendment takes effect. Check its start date before deciding which rules apply.

Use the current legal text

  • Read the DPDP Act and commencement schedule with your legal owner. The schedule gives different start dates for different provisions.
  • Ask for a short list of applicable rules, start dates and business actions. Include any sector-specific requirements.

Bring these records to the review

  • Data map: where personal data is collected, stored and shared, and why each use happens.
  • Notices and contracts: what people and vendors have been told.
  • System evidence: access settings, deletion tests and records of incidents or customer requests.
  • Owners: who can approve changes to each document and system.

Turn the findings into tasks

  • For each gap, name the document or system that needs a change. Assign an owner and date.
  • Separate a wording change from a software change so the right team can estimate the work.
  • Use the legal start dates, supplier availability and internal release dates to plan the sequence.

Sources and related guides

Frequently Asked Questions

Can we reuse existing security controls?

Review them against the applicable requirement and actual system settings. Record what works and the gaps that need changes.

Does DPDP replace the whole IT Act?

The DPDP Act makes specific amendments through section 44. Ask your adviser to read those changes with the IT Act and the commencement schedule.

What should the legal review produce?

A list of rules that apply, their start dates and the action each requires from your business. Link each action to its document or system owner.

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