DPDP Act duties apply to every business from 13 May 2027. Check whether your business is ready →
DPDP Act, 2023 · DPDP Rules, 2025

DPDP Act compliance for small businesses — sized for MSMEs, done online

The Digital Personal Data Protection Act, 2023 applies to every business in India that handles digital personal data: customer phone numbers, WhatsApp lists, employee payroll records and website leads. There is no MSME, turnover or headcount exemption, and most duties apply from 13 May 2027. SME Advisory runs DPDP readiness for small businesses online, alongside the GST, TDS and ROC calendar we already manage.

Reviewed by Regi Tom Antony, FCA, CISA (ISACA) · Law as at 2 November 2026

Dates that matter
DPDP Rules notified
Nov 2025
Consent manager phase
13 Nov 2026
Core duties for every business
13 May 2027
MSME or turnover exemption
None
CA-led · CISA reviewedDelivered online across IndiaRun with your GST · TDS · ROC calendarScope agreed in writing
01 · Does it apply to you?

The 30-second applicability test

Answer five questions. One “yes” is enough: the Act applies to your business, whatever its size.

Do you keep customer phone numbers or emails, including on WhatsApp?
Do you run payroll or keep employee records digitally?
Does your website or app have a contact form, cookies or analytics?
Do you use Tally, Zoho, Google Workspace, a CRM or a payroll app?
Do you record CCTV at your office, shop or clinic?
Your result

Answer the five questions

Your result appears here as you answer.

Full 15-question readiness check
02 · Sized for small businesses

What a small business must do — and what it can usually skip

Must do — every business

  • A clear privacy notice before or when you collect data (s.5; Rule 3)
  • Specific consent for marketing, separate from billing or delivery (s.6)
  • Reasonable security safeguards: access control, encryption, logs, backups (s.8(5); Rule 6)
  • Breach intimation to affected people and the Data Protection Board (s.8(6); Rule 7)
  • Written contracts with vendors that process data for you (s.8(2))
  • Erasure once the purpose ends, subject to legal retention (s.8(7))
  • A published contact for data questions, and a way to handle rights requests (ss.8(9), 11–13)
  • Verifiable parental consent for children’s data (s.9; Rule 10)

Usually not needed — unless notified as a Significant Data Fiduciary

  • A Data Protection Officer based in India (s.10)
  • An independent annual data audit (s.10)
  • Periodic Data Protection Impact Assessments (s.10)
  • Additional algorithmic and cross-border duties for SDFs (Rule 13)

Most MSMEs will not be notified as Significant Data Fiduciaries. Knowing what you can skip is where most of the cost saving lies.

03 · Where small businesses fall short

Five everyday risks, and the fix for each

WhatsApp and SMS marketing

Numbers collected for billing are used for offers.

Fix: separate marketing consent, re-consent old lists, log opt-outs.

Read the guide →

Employee data and CCTV

Payroll, KYC, PF/ESI and footage sit in open folders.

Fix: employee notice, access rules, CCTV signage and retention.

Read the guide →

Vendors and apps

Tally, Zoho, payroll apps and CRMs with no data terms.

Fix: a vendor list and processor terms for each.

Read the guide →

Big-customer questionnaires

Large buyers add DPDP clauses to vendor onboarding.

Fix: evidence-backed answers and a processor-side agreement.

Read the guide →

Your own website

Contact forms, cookies and pixels with no notice.

Fix: form notices, consent wording and a cookie review.

04 · How we engage

Four engagement levels, each with a defined scope

Start with a Health Check, then move to the level your business needs. Scope, deliverables, timelines and fee are confirmed in a written engagement letter.

Start here

DPDP Health Check

Any business that wants to know where it stands.

  • Online data interview
  • Website and forms scan
  • Data-flow sketch
  • Gap report with a prioritised fix list
  • Read-out call
Micro businesses

DPDP Essentials

Up to about 50 staff, one website or app, a handful of systems.

  • Data map and privacy notice
  • Consent wording for forms, WhatsApp and email
  • Employee and CCTV notices
  • Vendor terms for your key apps
  • Retention schedule aligned to GST, income-tax and ROC
  • One-page breach plan and staff briefing
Small & medium

DPDP Complete

50–250 staff, several systems or branches.

  • Everything in Essentials
  • Wider vendor contract review
  • Marketing database clean-up and re-consent plan
  • Rights-request workflow
  • CISA-led access and backup review
  • Breach drill and board note
Ongoing

DPDP Care

For businesses after setup.

  • Quarterly review on your compliance calendar
  • New-vendor checks
  • Rights requests and complaints
  • Updates when MeitY or the Board issues changes
  • Annual refresher for staff
Add-on modulesSupplier DPDP packWhatsApp & marketing consent clean-upHR & payroll data packChildren’s data moduleRegional-language notices
05 · Delivered online

How it works, anywhere in India

  1. Step 1

    Scoping call

    We understand your data, systems and customers, and agree scope in writing.

  2. Step 2

    Data interview

    A structured video session maps what you collect, where it sits and who sees it.

  3. Step 3

    We draft, you approve

    Notices, consent wording, vendor terms, retention schedule and breach plan.

  4. Step 4

    Go live and stay current

    Team briefing, then reviews on the same calendar as your GST, TDS and ROC.

Documents are exchanged through a secure portal, not WhatsApp or open email.

06 · By business type

What DPDP looks like in your sector

Retail and showrooms

Billing numbers, loyalty lists, WhatsApp offers, CCTV.

Clinics, labs and pharmacies

Patient records, reports on WhatsApp, prescriptions.

Coaching centres and schools

Children’s data needs verifiable parental consent.

Real estate brokers and builders

Buyer KYC, NRI clients, bought lead lists.

D2C and online sellers

Checkout data, pixels, marketplaces and courier partners.

IT and services firms

Often a processor for clients: contracts and questionnaires.

07 · Why SME Advisory

Your compliance team already knows your business

  • DPDP sits in the same calendar as your GST, TDS and ROC, with one owner and one reminder system.
  • Retention rules come from tax and company law, so erasure never collides with a statutory record.
  • A CISA-qualified reviewer checks access, backups and logs, not just the paperwork.
  • One written engagement letter. Delivered online across India.
Larger or regulated business?

Mid-size firms, hospitals, NBFCs, edtech platforms and CA practices that need independent assurance can work with our CA firm, Regi Tom Antony & Associates.

Independent CISA-led DPDP review →

CA and tax practitioners can also refer SME clients through our partner programme.

08 · Penalties, explained fairly

Maximum penalties under the Schedule

Maximum penalties under the Schedule to the DPDP Act, 2023
BreachMaximum penalty
Failure to take reasonable security safeguardsUp to ₹250 crore
Failure to notify a personal data breachUp to ₹200 crore
Breach of obligations for children’s dataUp to ₹200 crore
Any other breach by a Data FiduciaryUp to ₹50 crore

These are ceilings, not tariffs. Under section 33(2) the Board weighs the nature, gravity and duration of the breach, what was done to mitigate it and whether the penalty is proportionate. Documented, reasonable steps are the best protection a small business has.

DPDP questions small businesses ask

10 · Start here

Get the DPDP readiness checklist and a scoping call

Tell us about your business. We email the readiness checklist (PDF) straight away and reply within one business day.

Related: Managed compliance · Payroll processing · ERP & process automation · Due diligence support

We use these details only to respond to your enquiry and send the checklist you asked for. You can ask us to correct or delete them at any time by writing to regi@rtaandassociates.com.

Sources: India Code: Digital Personal Data Protection Act, 2023 · PIB: DPDP Rules, 2025 notified (17 November 2025)

Updated 2 November 2026 · Regi Tom Antony, FCA, MBA (Australia), ACMA (UK), CGMA (USA), CISA (USA), Regi Tom Antony & Associates, Chartered Accountants. General information, not legal advice; privacy notices and contracts are reviewed with a partner advocate where needed.