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DPDP Act 2023 · Sch. · Sch.Upcoming · 13 May 2027

The Schedule: The Schedule: penalties

Status
Upcoming
Applies from
13 May 2027G.S.R. 843(E)
Penalty
Up to Rs 50 croreSchedule, item 7
Binds
Every Data Fiduciary

In plain English

Sets the ceiling for each kind of breach: up to Rs 250 crore for failing to take reasonable security safeguards under s. 8(5); up to Rs 200 crore for failing to notify the Board or affected Data Principals of a breach under s. 8(6); up to Rs 200 crore for breaching the duties on children's data under s. 9; up to Rs 150 crore for a Significant Data Fiduciary's additional duties under s. 10; up to Rs 10,000 for a Data Principal's duties under s. 15; the amount a voluntary undertaking would have covered where the undertaking is broken; and up to Rs 50 crore for any other breach. Every figure is a ceiling the Board applies using the factors in s. 33.

What you must do

  • Treat security safeguards (s. 8(5)) and breach intimation (s. 8(6)) as the two highest-exposure duties: together they carry the two largest ceilings in the Schedule.

Gazette text · The Schedule[See section 33 (1)]
  1. [See section 33 (1)]
Sl. No.EntryPenalty:
1.Breach in observing the obligation of Data Fiduciary to take reasonable security safeguards to prevent personal data breach under sub-section (5) of section 8.May extend to two hundred and fifty crore rupees.
2.Breach in observing the obligation to give the Board or affected Data Principal notice of a personal data breach under sub-section (6) of section 8.May extend to two hundred crore rupees.
3.Breach in observance of additional obligations in relation to children under section 9.May extend to two hundred crore rupees.
4.Breach in observance of additional obligations of Significant Data Fiduciary under section 10.May extend to one hundred and fifty crore rupees.
5.Breach in observance of the duties under section 15.May extend to ten thousand rupees.
6.Breach of any term of voluntary undertaking accepted by the Board under section 32.Up to the extent applicable for the breach in respect of which the proceedings under section 28 were instituted.
7.Breach of any other provision of this Act or the rules made thereunder.May extend to fifty crore rupees.

Source: Gazette of India, Act No. 22 of 2023, 11 Aug 2023 (MeitY copy)

Sources: Gazette of India, Act No. 22 of 2023, 11 Aug 2023 (MeitY copy); DPDP Act 2023, the Schedule · Change log