DPDP Act 2023 · Section 5

Notice

Status: Not yet in force
Commencement: 13 May 2027 · computed date, presented as interpretation until officially confirmed (Publication date 13 November 2025 printed on Gazette issue No. 757, plus eighteen months. The missing space in the phrase "section 6,sections 7 to 10" appears as printed in the Gazette text layer.)
Source: The Digital Personal Data Protection Act, 2023 (Gazette print hosted by MeitY) · Gazette page 4
Last verified: 17 August 2026

Official requirement · verbatim

Section 5. Notice.(1) Every request made to a Data Principal under section 6 for consent shall be accompanied or preceded by a notice given by the Data Fiduciary to the Data Principal, informing her, — (i) the personal data and the purpose for which the same is proposed to be processed; (ii) the manner in which she may exercise her rights under sub-section (4) of section 6 and section 13; and (iii) the manner in which the Data Principal may make a complaint to the Board, in such manner and as may be prescribed. Illustration. X, an individual, opens a bank account using the mobile app or website of Y, a bank. To complete the Know-Your-Customer requirements under law for opening of bank account, X opts for processing of her personal data by Y in a live, video-based customer identification process. Y shall accompany or precede the request for the personal data with notice to X, describing the personal data and the purpose of its processing. (2) Where a Data Principal has given her consent for the processing of her personal data before the date of commencement of this Act,— (a) the Data Fiduciary shall, as soon as it is reasonably practicable, give to the Data Principal a notice informing her,–– (i) the personal data and the purpose for which the same has been processed; (ii) the manner in which she may exercise her rights under sub-section (4) of section 6 and section 13; and (iii) the manner in which the Data Principal may make a complaint to the Board, in such manner and as may be prescribed. (b) the Data Fiduciary may continue to process the personal data until and unless the Data Principal withdraws her consent. Illustration. X, an individual, gave her consent to the processing of her personal data for an online shopping app or website operated by Y, an e-commerce service provider, before the commencement of this Act. Upon commencement of the Act, Y shall, as soon as practicable, give through email, in-app notification or other effective method information to X, describing the personal data and the purpose of its processing. (3) The Data Fiduciary shall give the Data Principal the option to access the contents of the notice referred to in sub-sections (1) and (2) in English or any language specified in the Eighth Schedule to the Constitution.

Commencement basis · Sections 3 to 5, section 6(1) to (8) and (10), sections 7 to 17, section 27 other than section 27(1)(d), sections 28 to 34, sections 36 and 37, and section 44(2) of the Act

“(c) eighteen months from the date of publication of this gazette, on which the provision of sections 3 to 5, sub-sections (1) to (8) and (10) of section 6,sections 7 to 10, sections 11 to 17, section 27 except clause (d) of sub-section (1) of the said section, sections 28 to 34, 36, 37 and sub-section (2) of section 44 of the said Act shall come into force.”

From commencement notification G.S.R. 843(E), Gazette issue No. 757, printed date 13 November 2025.

Sources cited on this page

[1]The Digital Personal Data Protection Act, 2023 (Gazette print hosted by MeitY) (Act No. 22 of 2023), s. 5, p. 4. Published 11 August 2023. Official source ↗ · Official requirement · Verified 17 August 2026Section 5 begins on Gazette page 4 and concludes on page 5. The punctuation between the items of sub-section (2)(a) and clause (b) appears as printed in the Gazette text layer.
[2]Commencement notification for the Digital Personal Data Protection Act, 2023 (G.S.R. 843(E)), (c), p. 2. Published 13 November 2025. Official source ↗ · Official requirement · Verified 17 August 2026Notification G.S.R. 843(E) names this section in the group that comes into force eighteen months from the date of publication of the notification gazette. The computed calendar date, 13 May 2027, is interpretation until officially confirmed.
[3]Commencement notification for the Digital Personal Data Protection Act, 2023 (G.S.R. 843(E)), (c), p. 2. Published 13 November 2025. Official source ↗ · Official requirement · Verified 17 August 2026
[4]Commencement notification for the Digital Personal Data Protection Act, 2023 (G.S.R. 843(E)), p. 1. Published 13 November 2025. Official source ↗ · Interpretation, requires judgment · Verified 17 August 2026The calendar date 13 May 2027 is computed from the printed publication date and is presented as interpretation until officially confirmed. It aligns with the derived date for the main group of the DPDP Rules 2025.