Founder & CEO, Meridian Bridge Strategy
₹10,000 to ₹250 Crores. Every violation, every fine, every consequence.
| Violation | Section | Maximum Penalty | Example |
|---|---|---|---|
| Failure to take reasonable security safeguards | Section 8(5) | ₹250 Cr | Data breach due to unencrypted storage, no access controls |
| Failure to notify Data Protection Board of breach | Section 8(6) | ₹200 Cr | Not reporting breach within 72 hours |
| Failure to notify affected Data Principals | Section 8(6) | ₹200 Cr | Not informing users their data was compromised |
| Obligations relating to children's data | Section 9 | ₹200 Cr | Processing minor's data without verifiable parental consent |
| Non-compliance by Significant Data Fiduciary | Section 10 | ₹150 Cr | Large platform failing DPO, audit, or DPIA requirements |
| General non-compliance (consent violations, etc.) | Section 8 | ₹50 Cr | Sending marketing without consent, bundled consent, no deletion mechanism |
| Data Principal providing false information | Section 15 | ₹10,000 | Individual filing false complaints or providing fake data |
These penalties are per violation, not per company. If a breach exposes 10 lakh users and you failed to notify each one, the Board can treat this as multiple violations. The law makes no distinction based on company size or turnover.
In 2021, Dominos India suffered a massive data breach exposing 18 Crore orders — names, phone numbers, email addresses, delivery locations, and payment details were dumped on the dark web. A searchable database was even made publicly accessible.
The Fallout
Customer data was publicly searchable by phone number. Jubilant FoodWorks faced massive backlash. At the time, India had no dedicated data protection law.
Under DPDP, this breach would attract:
Data of 11 Crore users — including KYC documents, Aadhaar cards, and payment records — was allegedly leaked. MobiKwik initially denied the breach entirely.
Under DPDP, denial would add ₹200 Crores in penalties for failure to notify — on top of the breach itself. The law requires notification to both the Board and affected users. Silence is not an option.
CJI Surya Kant told Meta: "You are committing theft." Not "data misuse." Not "privacy violation." Theft.
• "A decent way of committing theft of private information"
• "A mockery of the constitutionalism of this country"
• "Cannot play with the right to privacy in the name of data sharing"
Meta walked in to fight the ₹213 Cr fine. Walked out agreeing to comply by March 16. No fight. No stay. Full implementation.
That word — "theft" — now lives in every privacy case that follows. Including yours.
A founder showed me a DPDP software contract. ₹12 Lakhs per year for "complete compliance."
Vendor's Maximum Liability
₹25 Lakhs
Capped in fine print
Your DPDP Exposure
₹250 Crores
Per violation
The Gap: ₹249.75 Crores
That's your problem. Not theirs.
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