We’ve been collecting donor data for years. Do we need to go back and get new consent from all existing donors to comply with the DPDP Act?
Even prior to the enactment of the DPDP Act, you should have collected consent - since donor data would entail sensitive personal data under the Information Technology Act 2000 read with SPDI Rules. Hence you should collect consent at least applicable futuristically. Hope this helps!
You can read the Information Technology Act mentioned by @NiveditaPacta here.
The Government of India has notified the Digital Personal Data Protection (DPDP) Rules, 2025 marking the full operationalisation of the DPDP Act, 2023. The DPDP Act establishes a comprehensive framework for protecting digital personal data, setting out the obligations of entities handling such data (Data Fiduciaries) and the rights and duties of individuals (Data Principals). The Act is guided by seven core principles including consent and transparency, purpose limitation, data minimisation, accuracy, storage limitation, security safeguards, and accountability.
Key features of DPDP Rules 2025
Phased and Practical Implementation
The DPDP Rules provide an 18-month phased compliance timeline, allowing organisations time for smooth transition. They also require Data Fiduciaries to issue standalone, clear and simple consent notices that transparently explain the specific purpose for which personal data is being collected and used. Consent Managers—entities that help individuals manage their permissions must be Indian companies.
Clear Protocols for Personal Data Breach Notification
In the event of a personal data breach, Data Fiduciaries must promptly inform affected individuals in plain language, explaining the nature and possible consequences of the breach, the steps taken to address it and contact details for assistance.
Safeguards for Children and Persons with Disabilities
To ensure stronger protection, Data Fiduciaries must obtain verifiable consent before processing the personal data of children, with limited exemptions for essential purposes such as healthcare, education and real-time safety. For persons with disabilities who cannot make legal decisions even with support, consent must come from a lawful guardian verified under applicable laws.
Transparency and Accountability Measures
Data Fiduciaries must display clear contact information—such as that of a designated officer or Data Protection Officer—to help individuals raise queries about personal data processing. Significant Data Fiduciaries have enhanced obligations including independent audits, impact assessments and stronger due diligence for deployed technologies. They must also comply with government-specified restrictions on certain categories of data, including localisation where required.
Strengthening Rights of Data Principals
The DPDP framework reinforces the rights of individuals to access, correct, update or erase their personal data and to nominate another person to exercise these rights on their behalf. Data Fiduciaries must respond to all such requests within a maximum of 90 days.
Digital-First Data Protection Board
The Data Protection Board will function as a fully digital institution, enabling citizens to file and track complaints online through a dedicated platform and mobile app, promoting transparency, efficiency and ease of living. Appeals against its decisions will lie with the Appellate Tribunal, TDSAT.
The Rules seek to strike a careful balance between protecting citizens’ privacy and promoting innovation and growth. India’s data governance model encourages economic development while safeguarding citizen welfare, and provides a facilitative compliance regime so that innovation can continue to thrive alongside strong data protection standards.