Privacy Notice Under India’s DPDP Act, 2023 : Comply Within Allowed Timelines

The Digital Personal Data Protection Act, 2023 (DPDP Act) places transparency at the heart of lawful data processing. One of its most critical compliance pillars is the notice obligation, which requires organizations to clearly inform individuals about how their personal data is collected, used, and shared.

Why Privacy Notice Matters Under the DPDP Act?

Unlike earlier data protection frameworks in India, the DPDP Act adopts a consent-first approach. Consent is valid only when it is informed, and informed consent is impossible without a proper notice.

The notice requirement ensures that individuals are not kept in the dark about:

• What personal data is being collected
• Why it is being processed
• How long it will be retained
• What rights they can exercise

In essence, notice transforms data subjects from passive data sources into aware participants.

Who Must Provide a Notice?

Every Data Fiduciary processing digital personal data must issue a notice when:

• Personal data is collected directly from the individual, or
• Personal data is processed for a new or additional purpose

This obligation applies irrespective of the size or sector of the organization.

What Must the Notice Contain?

Under the DPDP Act, a valid notice must clearly disclose:

• Nature of personal data being processed
• Purpose for which the data is collected
• Rights of the Data Principal, including the right to withdraw consent
• Method to file grievances with the Data Fiduciary
• Details of the Data Protection Board of India

The emphasis is not on volume, but on meaningful disclosure.

Clarity and Accessibility: A Legal Mandate

The DPDP Act expressly requires notices to be:

• Clear and unambiguous
• Easy to understand
• Available in English or any language specified in the Eighth Schedule of the Constitution

Dense legal jargon, hidden clauses, or bundled consents may defeat the purpose of the notice and expose organizations to compliance risks.

Notice vs Consent: Understanding the Difference

While closely linked, notice and consent are distinct legal steps:

• Notice informs the individual
• Consent authorizes the processing

Consent obtained without an adequate notice may be treated as invalid, making the entire data processing activity unlawful.

When Is a Fresh Notice Required?

.Organizations must issue a new notice if:

• The purpose of data processing changes
• Additional categories of personal data are collected
• Processing extends beyond what was originally communicated

Continuing data use without updating the notice may constitute a violation of the Act.

Practical Compliance Challenges

In practice, organizations often struggle with:

• Overly complex privacy notices
• Copy-paste global privacy policies unsuitable for Indian law
• Lack of multilingual notices
• Poor visibility of grievance mechanisms

The DPDP Act pushes organizations to move from formal compliance to functional transparency.

Best Practices for DPDP-Compliant Notices

• Use layered notices (summary + detailed version)
• Keep language simple and user-focused
• Avoid unnecessary legal terminology
• Ensure easy access on websites and apps
• Regularly review and update notices

A well-drafted notice is both a compliance tool and a trust-building instrument.

Consequences of Non-Compliance

Failure to comply with notice obligations may result in:

• Regulatory scrutiny by the Data Protection Board
• Financial penalties under the DPDP Act
• Reputational damage and loss of user trust

Notice compliance is no longer a box-ticking exercise—it is a legal safeguard.

Conclusion

The DPDP Act, 2023 redefines how organizations communicate with individuals about data usage. By mandating clear, accessible, and purpose-driven notices, the law reinforces transparency as a foundational principle of data protection in India.

For organizations, investing time in drafting meaningful notices is not just about avoiding penalties—it is about building lawful, ethical, and sustainable data practices.