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DPDP Act guide

Data retention and erasure under the DPDP Act

The DPDP Act asks you to erase personal data once consent is withdrawn or the purpose is no longer being served, unless a law requires you to keep it. The Rules add fixed periods for some large platforms and a warning to the person before erasure. Your processors must erase the same data.

The law as of October 2026.

In shortAs of October 2026

  1. Erase when consent is withdrawn or the purpose is no longer served, unless a law requires retention.
  2. Large e-commerce, social media and online gaming platforms have a three year period under the Rules.
  3. Tell the Data Principal at least 48 hours before erasure under that rule.
  4. Your processors must erase the data as well.

The general rule in section 8(7)

A Data Fiduciary must erase personal data, and cause its processors to erase it, when the Data Principal withdraws consent or as soon as it is reasonable to assume that the specified purpose is no longer being served, whichever is earlier. The exception is where retention is necessary to comply with a law in force.

A lender, for example, may need to keep loan records for periods set by RBI directions or tax law even after the loan is closed. Those records stay, limited to what the law needs. The marketing profile built for cross selling does not have the same cover.

When the purpose is deemed served

Section 8(8) says the purpose is deemed no longer served if the Data Principal does not approach the Data Fiduciary for the performance of the purpose, or exercise any of their rights, within a period that is prescribed. The Rules prescribe that period for certain classes of Data Fiduciaries.

The three year rule for large platforms

The Third Schedule to the Rules sets a period of three years for these classes, counted from when the Data Principal last approached the Data Fiduciary or exercised their rights, or from the commencement of the Rules, whichever is later.

  • E-commerce entities with at least two crore registered users in India
  • Social media intermediaries with at least two crore registered users in India
  • Online gaming intermediaries with at least fifty lakh registered users in India

The 48 hour notice

Where the Rules set such a period, the Data Fiduciary must inform the Data Principal at least 48 hours before the data is erased that it will be erased unless they log in to their account or otherwise contact the Data Fiduciary. A large marketplace therefore needs a scheduled job that finds dormant accounts, sends the notice, waits, and then erases only where the person has not returned.

Erasure reaches your processors and backups

Erasing a record in your core database is only part of the work. The same data may sit in your CRM, a support tool, a marketing platform, a data warehouse and your vendors' systems. Section 8(7) makes it your duty to have processors erase it too, so contracts should say how they do it and how they confirm it.

A school that stops using a learning app should ask the vendor to confirm erasure of student records and keep that confirmation on file.

How TrustOS helps

TrustOS records a retention period and legal basis for each purpose, flags data held past its period, and runs erasure tasks across connected systems and processors with a record of each step. For classes under the Third Schedule, it can schedule the 48 hour notice before erasure.

TrustOS does not decide which laws require you to retain data, or for how long. Those periods come from your legal and compliance teams, and TrustOS does not replace legal advice.

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.

Erasure, everywhere it lives

One request out, a confirmation back from each system

The erasure plan comes from the data inventory. Connectors act where they can, processors confirm, people close manual tasks, and anything kept under a legal duty is recorded with its reason.

ERASURE REQUESTREQ-2026-0418Ritika ShahIdentity checkedReceived 10 Oct · due 14 OctErasureplanfrom the data inventoryLoan appConnector · erasedCRMConnector · erasedData warehouseConnector · erasedEmail platformProcessor · confirmedCall recordingsTask · IT ops, doneKYC archiveKept · legal duty to retain5 erased, 1 kept with its reason · reply sent to Ritika · request closed

Questions

Common questions

Do we have to erase data the moment someone withdraws consent?

You must erase it within a reasonable time once consent is withdrawn, unless a law requires you to keep it. Data you process on another valid ground, such as a legal obligation, follows that ground.

We have fewer than two crore users. Does the three year rule apply to us?

The Third Schedule names specific classes and thresholds. If you fall outside them, the general rule in section 8(7) still applies, and you decide when a purpose is no longer served.

What about backups?

Backups hold personal data too. Set a backup retention period that fits your erasure policy, and document how erased records are kept out of restores.

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.