India Expands Data Privacy Regime: Will Big Tech Face Faster Compliance Deadlines?

India's government signals that it may shorten the time it takes for big tech companies to comply with its strictest data protection regulations to date.

India has implemented its strongest data privacy law to date, and the government is already considering lowering the deadlines for tech companies to comply. Following an 18-month public consultation that received 6,915 submissions from seven cities nationwide, the Digital Personal Data Protection Rules went into effect on November 14.

When it comes to penalties, the framework doesn't hold back. Inadequate security might result in fines of up to Rs. 250 crore. The bill increases to Rs. 200 crore if a breach notice is botched or if children's data is handled improperly. Penalties for even common infractions might reach Rs. 50 crore.

The current 18-month compliance timeframe for big businesses may be shortened by the government. IT Minister Ashwini Vaishnaw claimed that since large internet companies like Meta and Google already adhere to GDPR in the EU and can swiftly modify those rules for India, they are debating stricter deadlines for them. He pointed out that although the industry has been given a fair amount of time and the basic guidelines have been released, talks about further shortening the compliance period are still ongoing.

The minister stated that the industry's response has been "quite positive" and pledged to make further changes after the Data Protection Board commences operations. Consent, transparency, purpose limitation, data minimization, accuracy, storage limits, security, and accountability are the seven fundamental principles outlined in the regulations. Consent administrators must be based in India, and all organizations that gather personal data must give distinct, unambiguous consent notices.

Citizens in India have specific rights under the country's new data protection framework, including the ability to know what data is collected, access it, update it, correct it, or have it deleted, even though a designated representative. Victims of breaches must be informed in a straightforward and timely manner. Complaints will be handled by a digital-first Data Protection Board, and TDSAT will hear appeals.

The Board will begin implementation today, followed by consent managers in 12 months and basic responsibilities like consent letters and security measures in 18 months (a schedule that is expected to narrow for large tech). Parental approval is required for children to receive additional protections, and major data fiduciaries are subject to impact studies and audits. The "Saral" system, which aspires for accountability, simplicity, and robust privacy, also shows that the government is prepared to retaliate if digital companies stall.