CDMP Fundamentals • 100 Questions • 90 Minutes
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☑ DPDP Act Compliance Checklist

Use this checklist to track your client's compliance progress. Each check maps to a specific section of the DPDP Act. Work through these systematically — start with Critical items, then High, then Medium. This checklist should be reviewed quarterly.

Consent & Notice

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All consent collection mechanisms use clear, affirmative opt-in (no pre-ticked boxes)

Section 6(1) Critical

💡 Go through every form, sign-up page, and checkout flow. If any checkbox is pre-ticked for data sharing, fix it immediately.

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Privacy notice is provided before or at the time of collecting consent

Section 5(1) Critical

💡 The notice must appear BEFORE the consent checkbox, not hidden in a footer link. Users must see it before they agree.

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Privacy notice is available in English and all 22 scheduled languages

Section 5(2) High

💡 This is a massive undertaking. Start with English plus Hindi and the languages most relevant to your client's user base, then expand.

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Each consent is specific to a single purpose (no bundled consents)

Section 6(1) Critical

💡 If one checkbox covers both 'order processing' and 'marketing emails,' split it into two separate consents.

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Consent withdrawal is as easy as giving consent

Section 6(6) Critical

💡 If consent was given with one click, withdrawal must also be one click. Do not require phone calls or email chains to withdraw.

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Consent records are maintained with timestamps, purpose, and notice version shown

Section 6 High

💡 Keep a log of every consent transaction. If the regulator asks 'Show me proof of consent,' you must produce it.

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Re-consent has been obtained for data collected before the DPDP Act came into force

Section 5(1) proviso High

💡 For existing data, you must send a notice and give Data Principals an opportunity to withdraw consent as soon as reasonably practicable.

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No dark patterns are used in consent interfaces

Section 6 Critical

💡 Dark patterns include: making the 'Accept' button big and green while 'Decline' is small and grey, or using confusing double negatives.

Data Principal Rights

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Mechanism exists for Data Principals to submit access requests

Section 11 Critical

💡 At minimum, provide an email address and web form. Ideally, build a self-service portal in the user's account settings.

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Access requests can be fulfilled within prescribed timeframe

Section 11 Critical

💡 Test this: submit a mock access request and see how long it takes to gather all data across systems. If it takes weeks, you need automation.

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Correction and update mechanisms are operational

Section 12 High

💡 Ideally, let users correct their own data through their account profile. For corrections that need verification, define a clear process.

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Erasure processes can delete data across all systems including backups

Section 12 High

💡 Deletion is harder than it sounds. Data lives in production databases, analytics warehouses, backups, and third-party systems. Map every location.

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Grievance Officer is appointed and contact details are published

Section 13 Critical

💡 This must be a named person (not just a generic email). Publish their name, designation, email, and postal address on your privacy page.

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Grievance redressal process has defined SLAs and escalation paths

Section 13 High

💡 Define: acknowledge within 48 hours, investigate within 7 days, resolve within 30 days. Escalate to DPO if unresolved.

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Nomination mechanism is available for Data Principals

Section 14 Medium

💡 Add a 'Nominate a representative' option in user settings. This is unique to DPDP — no equivalent in GDPR.

Security Safeguards

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Personal data is encrypted at rest using industry-standard encryption (AES-256)

Section 8(5) Critical

💡 Check every database and file store containing personal data. If data is stored in plaintext, encrypt it. This is the highest-penalty area (Rs 250 Crore).

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Personal data is encrypted in transit (TLS 1.2 or higher)

Section 8(5) Critical

💡 All APIs and web pages that transmit personal data must use HTTPS with TLS 1.2+. Check internal communications too, not just external.

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Role-based access control (RBAC) is implemented for all personal data stores

Section 8(5) Critical

💡 Not everyone needs access to personal data. Grant access based on role: customer support sees customer data, HR sees employee data, etc.

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Audit logging is enabled for all access to and modification of personal data

Section 8(5) High

💡 Log who accessed what data, when, and why. These logs are essential for breach investigations and regulatory audits.

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Vulnerability assessments are conducted at least quarterly

Section 8(5) High

💡 Scan all systems containing personal data for known vulnerabilities. Fix critical and high vulnerabilities within 30 days.

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Penetration testing is conducted at least annually

Section 8(5) High

💡 Hire an external security firm to try to break into your systems. This finds vulnerabilities that automated scans miss.

Breach Management

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Breach detection capabilities are in place (SIEM, IDS, DLP)

Section 8(6) Critical

💡 You cannot report a breach you do not detect. Invest in monitoring tools that can flag unauthorized data access.

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Breach notification process is documented with templates and timelines

Section 8(6) Critical

💡 Have pre-written notification templates for the DPBI and for affected individuals. During a breach, you will not have time to draft from scratch.

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Breach response team is identified with clear roles and contact information

Section 8(6) High

💡 Define who does what: IT contains the breach, Legal assesses notification requirements, Communications drafts public messaging, DPO notifies the Board.

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Tabletop breach simulation exercises are conducted at least annually

Section 8(6) Medium

💡 Simulate a breach scenario: '10,000 customer records have been exfiltrated. What do we do?' Walk through every step. Fix gaps you find.

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Breach register is maintained with details of all incidents

Section 8(6) High

💡 Keep a log of every data incident, even minor ones. The regulator may ask for your breach history during an investigation.

Children's Data

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Age verification mechanism is implemented for user-facing services

Section 9 Critical

💡 You must be able to determine if a user is under 18. At minimum, ask for date of birth. For higher-risk services, use more robust verification.

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Verifiable parental consent process is operational for children under 18

Section 9(1) Critical

💡 When a child is identified, you need their parent's verified consent before processing any data. A child clicking 'I agree' is NOT valid consent.

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No tracking, behavioural monitoring, or targeted advertising directed at children

Section 9(3) Critical

💡 If a user is under 18, disable all tracking pixels, behavioural analytics, and targeted ad serving for that user. This is a strict prohibition.

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Processing likely to cause detrimental effect on child's well-being is prohibited

Section 9(4) Critical

💡 Review all processing involving children's data and assess whether any could harm a child's physical or mental well-being. If in doubt, stop the processing.

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Children's data processing activities are separately documented in ROPA

Section 9 High

💡 Flag every ROPA entry that involves children's data. These entries trigger additional compliance requirements and higher penalty exposure (Rs 200 Crore).

Cross-Border Transfers & Retention

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All cross-border data transfers are mapped and documented

Section 16 High

💡 List every country where personal data is sent or stored. Cloud providers count — if data is on AWS US-East, that is a cross-border transfer.

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No transfers to countries restricted by the Central Government

Section 16(1) Critical

💡 Monitor government notifications for the restricted countries list. Currently no countries are restricted, but this can change.

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Data retention periods are defined for all categories of personal data

Section 8(7) High

💡 Every type of personal data needs a retention period. 'We keep everything forever' is not compliant — you must delete when the purpose is fulfilled.

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Automated retention enforcement (deletion/anonymisation) is operational

Section 8(7) High

💡 Manual deletion does not scale. Set up automated jobs that identify and purge data past its retention date.

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Legal hold processes can override automated deletion when needed

Section 8(7) Medium

💡 Sometimes you must keep data longer (litigation, regulatory investigation). Build a 'legal hold' feature that pauses deletion for specific records.

Significant Data Fiduciary (if applicable)

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DPO is appointed, based in India, and registered with the DPBI

Section 10(2)(a) Critical

💡 The DPO must be a real person based in India with direct access to your Board of Directors. This is not a checkbox role — they need authority and resources.

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Data Protection Impact Assessment has been conducted

Section 10(2)(b) Critical

💡 Start with the highest-risk processing activity. Use the DPIA template in this playbook. The DPIA must be repeated periodically as prescribed in the Rules.

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Independent data auditor is engaged and first audit is scheduled

Section 10(2)(c) Critical

💡 Engage an independent auditor from the government-approved panel (once announced). Budget for annual audits as a recurring compliance cost.

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Additional SDF measures (as prescribed in Rules) are implemented

Section 10(2)(d) High

💡 Monitor for additional requirements in the Rules. Build flexibility into your compliance programme to accommodate new obligations.