Data Privacy Laws Applicable in India (2025) for App Development

Overview

India’s main data privacy law applicable to app development in 2025 is the Digital Personal Data Protection Act, 2023 (DPDP Act), along with its implementation framework—the Digital Personal Data Protection Rules, 2025. These laws outline data collection, storage, processing, consent, security, user rights, and penalties for non-compliance—applicable to all app developers serving Indian users.

Key Provisions and Applicability

• The DPDP Act applies to all digital personal data processed in India, including apps outside India serving Indian users.
• Both Data Fiduciaries (controllers) and Data Processors (service providers) are covered under the law.
• Consent must be specific, clear, informed, and revocable. Privacy notices are required in English and major Indian languages.

Compliance Obligations for Apps

• Consent: Clear, prior user consent is mandatory and must be easily revocable.
• Data Security: Implement encryption, access controls, regular audits, and an incident response mechanism. Report breaches promptly.
• User Rights: Users have the right to access, correct, erase their personal data, and must be provided with an easy grievance redressal mechanism.
• Data Minimization: Collect only necessary data and retain it only as long as required for stated purposes.
• Children’s Data: Stricter consent requirements and prohibitions on targeting or monitoring children and disabled individuals.
• Third-Party Sharing: Vendors/processors must comply with Indian data security standards and have binding contractual terms.
• Cross-Border Transfers: Data transfer is restricted to government-approved countries; transfers to countries on the “negative list” are prohibited.
• Penalties: Fines for non-compliance can reach up to INR 250 crores per violation.

Additional Legal Considerations

• Sensitive data (financial, health, biometrics, etc.) may trigger sector-specific legal requirements.
• Consider sectoral standards (e.g., PCI DSS for payments) or global privacy laws (such as GDPR) for best practice, especially if international users are targeted.

Summary Table: Key Requirements

Area	Obligation	Law/Rule
Consent	Clear, informed, revocable	DPDP Act, 2023
Security	Encryption, breach reporting, audits	DPDP Act, Draft Rules 2025
Rights	Access, correction, erasure, grievance	DPDP Act, 2023
Children’s Data	Extra consent, no targeting/monitoring	DPDP Act, 2023
Cross-Border Data	Restricted to approved countries	DPDP Act, 2023
Penalty	Up to INR 250 crores per violation	DPDP Act, 2023

Note: For detailed updates or sector-specific clarifications, refer to the Digital Personal Data Protection Act, Rules 2025, and official government notifications as regulations may evolve.