DPDP Series 1.6: Services to Indian Individuals by Foregin Entity

May 14, 2026May 14, 2026 karthikandsunil#ConsentManagement, #CrossBorderData, #DataCompliance, #DataFiduciary, #DataObligations, #DataPrincipal, #DataPrivacy, #DataProcessor, #DataSecurity, #DPDPAct, #ExtraterritorialLaw, #GlobalDataPrivacy, #IndiaDataLaw, #InternationalBusiness, #KnowYourRole, #PrivacyByDesign, #PrivacyCompliance, #SignificantDataFiduciaryLeave a comment

I’m a US Citizen Providing Services to Indians. Am I Covered Under the DPDP Act?

The short answer is — Yes, very likely.

The DPDP Act, 2023 is not limited to organisations or individuals based in India. Its reach is intentionally extraterritorial, designed to protect Indian individuals regardless of where the entity collecting their data is located.

What Does the Act Say?

The Act applies to the processing of digital personal data in two scenarios:

Within India — Any personal data collected in digital form (or digitised from non-digital form) within the territory of India.

Outside India — Any processing of digital personal data outside India, if such processing is in connection with offering goods or services to individuals in India.

This second provision is what covers you directly as a US-based service provider.

Does This Apply to Me?

Ask yourself these questions:

Do you collect personal data of individuals located in India? If yes — names, email addresses, phone numbers, payment details, usage behaviour — you are processing personal data of Indian Data Principals.

Do you offer goods or services to individuals in India? If your platform, app, or service is accessible to and targeted at Indian users — even if your servers are in the US — you fall within the scope of the Act.

Do you receive payment or registrations from Indian users? If Indian individuals are signing up, subscribing, or transacting with you, you are offering services to Data Principals within India.

If your answer to any of the above is yes, the DPDP Act applies to you.

What Are Your Obligations?

As a Data Fiduciary operating from outside India, you must:

Obtain free, informed, and unambiguous consent from Indian users before collecting their data
Provide a clear notice describing what data is collected and why
Use the data only for the stated purpose
Implement reasonable security safeguards to prevent breaches
Delete the data once the purpose is served or consent is withdrawn
Report breaches to the Data Protection Board of India and affected users promptly

Are There Any Restrictions on Sending Data Back to the US?

Yes, potentially. The Central Government has the power to restrict transfer of personal data to specific countries. If India notifies the US as a restricted destination, additional compliance steps may apply before you can transfer or store Indian users’ data on US servers.

What Happens If You Don’t Comply?

Non-compliance exposes you to penalties imposed by the Data Protection Board of India — up to ₹250 crore for security failures and up to ₹200 crore for failure to report a breach. The Board has jurisdiction over processing that affects Indian Data Principals, regardless of where you are based.

Disclaimer

The contents of this post are intended for general awareness and informational purposes only. They do not constitute legal opinion, professional advice, consultancy, statutory interpretation, or a recommendation to act in any particular manner.

The Digital Personal Data Protection Act, 2023, related rules, notifications, regulatory guidance and judicial interpretations may evolve from time to time. The applicability of the law may also vary depending on the facts, sector, nature of data processing, organisational role, contractual terms and compliance framework.

Readers should not rely solely on this post for making legal, business, HR, technology, data-processing or compliance decisions. Specific advice from a qualified legal, privacy, cybersecurity, governance or compliance professional should be obtained before acting on any matter discussed.

The author / publisher shall not be responsible for any loss, liability, claim, penalty or consequence arising from reliance on the contents of this post without independent professional advice.

DPDP Series 1.5: Data Breaches

May 14, 2026May 14, 2026 karthikandsunil#BusinessCompliance #DataBreach, #ConsentManagement, #CyberSecurity, #DataFiduciary, #DataObligations, #DataPrincipal, #DataPrivacy, #DataProcessor, #DataProtection, #DataSecurity, #DPDPAct, #KnowYourRole, #PrivacyByDesign, #PrivacyCompliance, #SignificantDataFiduciaryLeave a comment

What is a Data Breach?

A personal data breach under the DPDP Act, 2023 is any unauthorised processing, accidental disclosure, acquisition, sharing, use, alteration, destruction, or loss of access to personal data — that compromises its confidentiality, integrity, or availability.

In plain terms: if personal data ends up where it shouldn’t, gets changed without authorisation, or becomes inaccessible when it should be available — it is a breach.

How Does a Breach Happen?

Breaches can occur in many ways — through external attacks, internal negligence, or simple system failures.

Example 1 — Cyberattack A hospital’s patient database is hacked. Names, phone numbers, diagnoses, and medical histories of thousands of patients are stolen and published online. This is a breach of confidentiality.

Example 2 — Accidental Disclosure An HR executive accidentally emails salary slips of 500 employees to the wrong mailing list. The data was not stolen — but it was disclosed without authorisation. Still a breach.

Example 3 — Insider Threat A bank employee downloads and sells customer account details to a third party for personal gain. This is unauthorised processing — a serious breach.

Example 4 — Ransomware Attack A company’s servers are encrypted by ransomware. All customer data becomes inaccessible. Even though data was not stolen, loss of availability is a breach under the Act.

Example 5 — Third-Party Vendor Failure A Data Fiduciary shares customer data with a cloud service provider (Data Processor). The vendor suffers a security failure and the data is exposed. The Data Fiduciary remains accountable.

What Must a Data Fiduciary Do After a Breach?

The Act imposes a strict response obligation:

Notify immediately — Inform every affected Data Principal about the nature of the breach, its likely consequences, and the steps being taken to contain it.

Report to the Board — Intimate the Data Protection Board of India with full details: the root cause, timeline of events, persons responsible, mitigation measures taken, and steps to prevent recurrence.

What Are the Consequences?

Failure to implement safeguards that could have prevented the breach attracts a penalty of up to ₹250 crore. Failure to notify the Board or affected individuals attracts up to ₹200 crore — both imposed by the Data Protection Board.

The Key Takeaway

A breach is not just a hacking incident. Sending data to the wrong person, losing a device with unencrypted data, or a vendor’s server going down — all can qualify. The obligation to protect data, and to respond swiftly when things go wrong, rests squarely on the Data Fiduciary.

Disclaimer

The author / publisher shall not be responsible for any loss, liability, claim, penalty or consequence arising from reliance on the contents of this post without independent professional advice.

DPDP Series 1.4: Data Fiduciary – Obligations

May 14, 2026May 14, 2026 karthikandsunil#ConsentManagement, #DataFiduciary, #DataObligations, #DataPrincipal, #DataPrivacy, #DataProcessor, #DataSecurity, #DPDPAct, #KnowYourRole, #PrivacyByDesign, #PrivacyCompliance, #SignificantDataFiduciaryLeave a comment

Am I a Data Fiduciary? What Are My Obligations?

Q: How do I know if I am a Data Fiduciary?

If your organisation decides why and how personal data is collected and processed — you are a Data Fiduciary. This includes businesses, hospitals, schools, employers, apps, government bodies, and NGOs. Size does not matter; if you collect personal data of individuals in India, you qualify.

Q: Do I need consent before collecting data?

Yes. Before collecting any personal data, you must give the individual a clear notice describing what data is being collected and why. Consent must be free, specific, informed, and unambiguous.

Q: Can I collect more data than I need? No. You may only collect data that is necessary for the stated purpose. Collecting excess data is a violation of the Act.

Q: How long can I keep the data?

Only as long as the purpose requires. Once the purpose is served or the individual withdraws consent, you must delete the data — unless a law requires you to retain it for a specific period.

Q: What security measures must I put in place?

You must implement reasonable technical and organisational safeguards — including encryption, access controls, monitoring logs, and data backups — to prevent unauthorised access or breaches.

Q: What must I do if there is a data breach?

You must immediately notify the Data Protection Board and every affected individual, describing the nature of the breach, its likely impact, and the steps being taken to contain it.

Q: Must I have a grievance mechanism?

Yes. Every Data Fiduciary must establish an effective grievance redressal system and publish contact details of a person who can respond to Data Principal queries.

Q: What are the penalties for non-compliance?

Penalties can reach up to ₹250 crore for failure to implement security safeguards, and up to ₹200 crore for failure to report a breach — imposed by the Data Protection Board.

Disclaimer

The author / publisher shall not be responsible for any loss, liability, claim, penalty or consequence arising from reliance on the contents of this post without independent professional advice.

Karthik & Sunil

Chartered Accountants

#DataObligations

DPDP Series 1.6: Services to Indian Individuals by Foregin Entity