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Preliminary analysis of the Draft Digital Personal Data Protection Rules, 2025
Preliminary analysis of the Draft Digital Personal Data Protection Rules, 2025

January 16, 2025

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Nasscom welcomes the government's efforts to establish a robust data protection framework through the public consultation process for the draft Digital Personal Data Protection Rules, 2025. We are actively engaging with a diverse range of industry stakeholders to consolidate inputs, ensuring timely submission by February 18, 2025.  

While we are examining the implications of the draft Rules in detail, at a preliminary level, in our initial assessment, the requirement of data localisation through the mode of a committee appears to be a novel provision in the Rules. We are examining its implications for industry, including the rationale behind this provision. This provision related to restriction on cross border transfer of data is important and merits detailed examination.  

Secondly, the Rules on reasonable security safeguards lay down the minimum standards that will apply to all types of data fiduciaries. We are examining its suitability in all scenarios.  

Third, the requirement of verifiable consent for processing children’s data (age threshold for parental consent set at 18 years) and persons with disability who have a legal guardian will need to be implemented at scale. Given that the Act and the Rules provide limited exemptions from this obligation, we are examining how it could be operatisonalised in different use-cases and business models.    

Nasscom is working closely with the industry to understand the implications of the draft Rules in greater detail to develop recommendations aimed at strengthening the draft Rules, with a view to promote effective and practical compliance while reducing uncertainty and enabling innovation. 

Please refer to the attached discussion note to see our preliminary analysis of the draft Rules.

For any further information on the above, please write to asaggarwal@nasscom.in or sudipto@nasscom.in with a copy to policy@nasscom.in. 


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DraftDPDPArules_DiscussionNote_nasscom.pdf

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