Ministry of Electronics and IT (Gazette of India)

Government clarifies DPDP Act wording on children, persons with disability and data audits

Summary

MeitY has issued the Digital Personal Data Protection (Removal of Difficulties) Order, 2026 (S.O. 5458(E), dated 5 October 2026, published in the Gazette on 6 October 2026) under Section 43(1) of the DPDP Act. It makes two wording fixes. Section 9(1) now clearly says verifiable consent is needed before processing personal data 'of a child or of a person with disability who has a lawful guardian'. Section 10(2)(c)(ii) now says 'periodic data audit', matching the independent data auditor in Section 10(2)(b). The Order adds no new duties and does not change any deadline: Sections 9 and 10 and most other duties still apply from 13 May 2027.

Who is affectedBusinesses that process personal data of children or of persons with disability (edtech, healthcare, insurance, gaming, social platforms), and large companies likely to be notified as Significant Data Fiduciaries.
What to doPlan guardian verification for persons with disability (Rule 11) alongside parental consent for under-18s (Rule 10). If you may be a Significant Data Fiduciary, scope your annual data audit and impact assessment (Rule 13) now. Nothing changes in your 13 May 2027 deadline.
SourceMinistry of Electronics and IT (Gazette of India)

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