DPDP Act compliance

Personal data breach under the DPDP Act: who to tell, and by when

A personal data breach triggers two reporting duties under the DPDP Act, and usually a third under CERT-In rules. Here is the sequence.

188 days to the DPDPA compliance deadline (13 May 2027)See the 2027 roadmap →
Quick answer

Under DPDP Rule 7, a business that suffers a personal data breach must inform each affected individual and the Data Protection Board without delay, and send the Board a detailed report within 72 hours of becoming aware of it (or a longer period the Board allows). There is no harm threshold: every personal data breach must be reported. Not reporting can attract a penalty of up to ₹200 crore.

Tell affected people
Without delay
Tell the Board
Without delay, details within 72 hours
CERT-In (cyber incidents)
Within 6 hours
Penalty for not reporting
Up to ₹200 crore

What counts as a personal data breach

Any unauthorised processing, or accidental disclosure, acquisition, sharing, use, alteration, destruction or loss of access to personal data, that compromises its confidentiality, integrity or availability. A misdirected email with a customer list, a lost laptop, a hacked CRM and ransomware that locks records all count.

Who to tell, and what to say

Breach reporting under the DPDP Rules and CERT-In directions
To whomWhenWhat
Each affected individualWithout delayWhat happened, likely consequences, steps taken and safety measures they can take, and a contact person
Data Protection BoardWithout delay (first intimation)Description of the breach: nature, extent, timing, location and likely impact
Data Protection BoardWithin 72 hours (or longer if allowed)Detailed report: facts, cause, mitigation, any findings about who caused it, remedial steps, and the intimations sent to individuals
CERT-In (if a reportable cyber incident)Within 6 hours of noticingIncident report under the CERT-In Directions of 28 April 2022

A 72-hour playbook

  1. Hour 0: contain the breach and preserve logs.
  2. Hours 0–6: assess whether it is a cyber incident reportable to CERT-In, and report if so.
  3. Hours 0–24: send the first intimation to the Board; start notifying affected people.
  4. Hours 24–72: investigate cause and scope, then file the detailed report with the Board.
  5. Afterwards: fix the root cause and record lessons learnt.

Processors must report breaches to you quickly, so put a short deadline (for example 24 hours) in every vendor contract.

Frequently asked questions

Is there a minimum threshold for reporting a breach under DPDP?

No. Unlike the EU GDPR, the DPDP Act requires every personal data breach to be reported to the Board and affected individuals, regardless of risk level.

Does the processor or the business report the breach?

The Data Fiduciary (the business) is responsible for reporting, even if the breach happened at its processor. The processor should report to the business under their contract.

Is the 72-hour DPDP deadline in force?

The breach reporting duty under Rule 7 applies from 13 May 2027. CERT-In's 6-hour reporting for cyber incidents already applies.

More DPDP Act guides

See all deadlines on the compliance calendar, or browse the compliance hub.

This guide is general information based on the law as of 25 October 2026, not legal advice. Rules and dates can change by notification; speak to a professional about your situation.

WhatsApp us