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DPDP Act guide

DPDP Act penalties: the Schedule explained

The Schedule to the DPDP Act sets maximum penalties for each type of breach, up to 250 crore rupees. These are ceilings, and the amount in each case can be lower. The Data Protection Board decides the actual amount after an inquiry, looking at how serious the breach was and what you did about it.

The law as of October 2026.

In shortAs of October 2026

  1. The Schedule sets maximums per instance, up to 250 crore rupees.
  2. The Board sets the actual amount, considering nature, gravity, duration and other factors.
  3. The highest ceiling is for failing to take reasonable security safeguards.
  4. Evidence of controls, kept as you go, is what you will be asked for.

How the penalties work

Penalties are monetary, imposed by the Board after it inquires into a complaint, a reference from the government or a breach intimation. The amounts in the Schedule are the maximum for each instance of breach.

The Board must consider factors including the nature, gravity and duration of the breach, the type and nature of the personal data affected, whether it was repeated, any gain made or loss avoided, the steps taken to mitigate it and how quickly, and whether the penalty is proportionate and effective.

Why the biggest number is about safeguards

The highest head, up to 250 crore rupees, is for failing to take reasonable security safeguards to prevent a personal data breach. Rule 6 describes what those safeguards include: encryption, obfuscation, masking or virtual tokens, access control, logs and monitoring, keeping logs and personal data for a year for detection and investigation, backups for continuity, and contract terms with processors.

The penalty therefore turns on whether you protected the data, as well as on whether a breach happened. Records showing what controls were in place, and when, matter in that inquiry.

Which duties carry which ceiling

The Schedule sets a separate ceiling for each head of breach. A single incident can touch more than one, for example weak safeguards that lead to a breach that is then not reported.

When penalties become possible

The Board inquires and imposes penalties. Most of the duties these penalties enforce apply in Phase 3, around 13 May 2027 as notified, unless amended.

The Board can also accept a voluntary undertaking from an organisation during proceedings, which can include specific steps to put things right.

Reducing exposure in practice

The most effective defence is ordinary, documented work: an accurate inventory, working safeguards, a breach plan that has been rehearsed and evidence of each of them. TrustOS helps by keeping requirement, responsibility, action and evidence together, with evidence packs that can be verified cryptographically. It does not remove legal risk and is no substitute for legal advice on your exposure.

Maximum penalties per instance under the Schedule to the DPDP Act

BreachMaximum penalty
Failing to take reasonable security safeguards to prevent a personal data breachUp to 250 crore rupees
Failing to notify the Board or affected Data Principals of a personal data breachUp to 200 crore rupees
Breaching the additional duties for children's dataUp to 200 crore rupees
Breaching the additional duties of a Significant Data FiduciaryUp to 150 crore rupees
Breach of any other provision of the Act or the RulesUp to 50 crore rupees
Breach of a Data Principal's dutiesUp to 10,000 rupees
Free toolPenalty exposure and readiness scoreSee which heads of the Schedule apply to you, their ceilings, and the controls to close first.

Official sources

This guide explains the law in plain words as of October 2026. It is not legal advice. Dates that depend on notifications can change, so check the official text before you rely on them.

The breach clock

The clock starts when you become aware

Tell the Board and the people affected without delay. Where the CERT-In directions apply, report within 6 hours. Send the Board a detailed report within 72 hours, unless it allows longer. Not legal advice.

BREACH CLOCK · FROM THE MOMENT YOU BECOME AWAREWithout delay0h6h24h48h72hYou become awarethe clock startsCERT-In windowwhere its directions applyDetailed reportto the BoardStraight awayOpen the incident recordContain and preserve logsTell the Board and thepeople affected, without delayWithin 6 hoursIf CERT-In directions applyto the incident, report itYour sector regulator mayhave its own timeline tooBy hour 72Detailed report to the Board:facts, cause, harm reduced,who was responsible, andsteps to stop a repeatDPDP Rules, 2025 (Rule 7) and the CERT-In directions of April 2022. Scale changes after hour 6. Not legal advice.

Questions

Common questions

Is 250 crore rupees the fine for any breach?

No. It is the maximum for failing to take reasonable security safeguards. The Board decides the actual amount based on the facts and the factors in the Act.

Can individuals be penalised?

Yes, for breaching a Data Principal's duties, such as filing a false or frivolous complaint. The maximum is 10,000 rupees.

Can a penalty be challenged?

Appeals against Board orders go to the Telecom Disputes Settlement and Appellate Tribunal, as set out in the Act.

See it with your data

Show us where your personal data lives. We will show you TrustOS running on it.

A 30 minute walkthrough on Google Meet with someone who knows the Act and the product. You leave with a view of your first phase, the owners and the effort.

Or get a rollout proposal in two minutes
  1. Step 1A 30 minute demo on Google MeetWith someone who knows the Act and the product.
  2. Step 2Your systems and purposesWe walk one product's personal data through TrustOS.
  3. Step 3A first phase you can planModules, owners and effort, written down for you to keep.