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DPDP Act 2023 Updated quarterly

India DPDP Enforcement Tracker

DPDP Act enforcement begins May 2027. This tracker covers the precedent-setting cases under IT Act 2000, CERT-In, RBI/IRDAI regulatory notices, and equivalent GDPR decisions that frame the penalty norms Indian businesses will face.

15

Cases tracked

8

Indian cases

8

Penalties imposed

May 2027

DPDP enforcement

Pre-enforcement context

The DPDP Act 2023 creates enforceable obligations from May 2027. The cases below establish the regulatory landscape and penalty norms. Indian regulators (CERT-In, RBI, IRDAI, SEBI) have already taken enforcement action on data handling failures under existing frameworks. GDPR decisions provide the most comparable penalty scale and violation typology. Each case includes the equivalent DPDP Act section it would be prosecuted under once the Act is enforceable.

Filter: 15 cases

BigBasket

Investigation closed India

2020

E-Commerce IT Act Sec 43A 20 million records

Customer database (20M accounts) exposed via unsecured MongoDB instance. Data included names, email addresses, delivery addresses, phone numbers, and hashed passwords.

DPDP Act equivalent

Section 8(5) — adequate security safeguards

JusPay

Investigation closed India

2021

Fintech IT Act Sec 43A / RBI PCI-DSS 100 million records

Payment processing infrastructure breach exposed masked card data and merchant transaction metadata for approximately 100 million users.

DPDP Act equivalent

Section 8(5) + Section 8(6) — security safeguards and breach notification

MobiKwik

Investigation closed India

2021

Fintech IT Act Sec 43A / CERT-In 3.5 million cards, 100 million users records

8.2TB of user data including KYC documents, Aadhaar copies, PAN cards, and card details made available on darknet. CERT-In investigation launched. Company disputed scale of breach.

DPDP Act equivalent

Section 8(5) + Section 8(6) + Section 5 — security, breach notification, and purpose limitation

Domino's India (Jubilant Foodworks)

Investigation closed India

2021

E-Commerce IT Act Sec 43A / CERT-In 180 million orders, 1 million cards records

180 million order records including customer names, phone numbers, email addresses, delivery addresses, and approximately 1 million credit card records exposed and indexed on a searchable dark web portal.

DPDP Act equivalent

Section 8(5) — adequate security safeguards; Section 8(7) — data erasure obligations

Air India

Investigation closed India

2021

Aviation IT Act Sec 43A 4.5 million records

Data breach via SITA passenger system compromised 4.5 million Air India frequent flyer records including passport numbers, credit card data, date of birth, and ticket information.

DPDP Act equivalent

Section 8(5) + Section 8(6) — security obligations and 72-hour breach notification

Upstox

Investigation closed India

2021

Fintech IT Act Sec 43A / CERT-In / SEBI KYC 2.5 million records

KYC data of 2.5 million customers reportedly compromised via third-party data warehouse breach. CERT-In notice issued. Data included contact details, bank account information, and identity documents.

DPDP Act equivalent

Section 8(5) + Section 10 — processor obligations and sub-processor chain security

AIIMS Delhi

Investigation closed India

2022

Government / Healthcare IT Act Sec 43A / CERT-In / NCIIPC 30-40 million records

Ransomware attack on hospital servers affected an estimated 3-4 crore patient records. Hospital services were disrupted for over two weeks. CERT-In and NCIIPC investigated.

DPDP Act equivalent

Section 8(5) + Section 8(6) + Section 11 — security, breach notification, and health data obligations

Equitas Small Finance Bank

Penalty imposed India

₹10,00,000

2023

Banking RBI KYC Directions 2016 Not disclosed records

RBI imposed monetary penalty for non-compliance with Know Your Customer (KYC) directions including deficiencies in data handling, customer record maintenance, and periodic KYC update procedures.

DPDP Act equivalent

Section 8(3) — data accuracy and completeness obligations

British Airways

Penalty imposed

£20,000,000

2020

Aviation GDPR Art. 32 (UK) 500,000 records

Attackers harvested payment card data and personal details of approximately 500,000 customers via a skimming script injected into the booking website. ICO investigation found inadequate security testing and authentication.

DPDP Act equivalent

Section 8(5) — analogous to Indian aviation data handlers such as IndiGo, SpiceJet, Vistara customer systems

H&M (Hennes & Mauritz)

Penalty imposed

€35,258,708

2020

HR Tech / Retail GDPR Art. 5 / Art. 9 (DE) ~500 employees records

Extensive secret surveillance of employees' personal lives at service centre in Nuremberg. Records included health conditions, family circumstances, religious beliefs, and private life details. Records were accessible to 50+ managers.

DPDP Act equivalent

Section 4 + Section 9 — analogous to Indian HR platforms maintaining employee wellness, background verification, or performance records

Facebook / Meta

Penalty imposed

€265,000,000

2022

Social Media GDPR Art. 25 / Art. 32 (IE) 533 million records

Scraped personal data of 533 million Facebook users made available on a hacking forum. Data included phone numbers, full names, dates of birth, email addresses, and biographical information. DPC found inadequate technical and organisational measures.

DPDP Act equivalent

Section 8(5) — analogous to Indian social platforms and any data fiduciary maintaining large-scale public profile data

Amazon

Penalty imposed

€746,000,000

2021

E-Commerce GDPR Art. 6 / Art. 13 (LU) Undisclosed records

Processing of personal data for targeted advertising without sufficient legal basis or transparency. Decision held that Amazon tracked browsing and purchase behaviour for advertising without meeting the specificity and informed-consent requirements.

DPDP Act equivalent

Section 6 + Section 7 — analogous to Indian e-commerce and D2C platforms using behavioural advertising without specific per-purpose consent

Equifax (UK)

Penalty imposed

£500,000

2018

Banking / Credit Bureau Data Protection Act 1998 (UK) / GDPR 15 million records

Data of 15 million UK individuals processed by Equifax Inc. without adequate oversight of its US-based data processor. ICO found failures in security controls and data governance of cross-border transfers.

DPDP Act equivalent

Section 10 + Section 16 — analogous to Indian credit bureaus (CIBIL, Experian India, CRIF High Mark) and their cross-border data processing arrangements

Clearview AI

Penalty imposed

€20,000,000 (Italy) + £7.5M (UK)

2022

AI / Surveillance GDPR Art. 6 / Art. 9 (IT, UK, FR) Billions of facial images records

Scraped biometric data of billions of individuals from public sources to build facial recognition database, without consent and without lawful basis. Multiple national DPAs imposed parallel penalties.

DPDP Act equivalent

Section 4 + Section 6 — analogous to any Indian entity processing biometric data at scale, relevant for financial sector KYC and attendance systems

Marriott International

Penalty imposed

£18,400,000

2020

Hospitality GDPR Art. 32 (UK) 339 million records

Starwood guest reservation database breach affecting up to 339 million guest records including passport numbers, payment card data, and contact details. Breach began pre-merger with Marriott and was undetected for four years.

DPDP Act equivalent

Section 8(5) + Section 8(6) + Section 12(3) — analogous to Indian hotel chains, OTAs (MakeMyTrip, Goibibo), and travel platforms

Upcoming DPDP Enforcement Milestones

November 2026

Consent Manager registration window opens

The Data Protection Board of India begins accepting registrations from Consent Manager applicants. Only India-incorporated entities qualify. Foreign platforms (OneTrust, TrustArc, CookieYes) are ineligible.

Q1 2027

First batch of CM registrations expected

Registered Consent Managers will be published on the DPBI portal. Organisations appointing unregistered consent managers post-enforcement will face Section 33 exposure.

May 2027

DPDP Act enforcement begins

The Data Protection Board begins accepting complaints and initiating suo motu actions. Penalties under Section 33 range from Rs. 50 crore (data principal rights violations) to Rs. 250 crore (Significant Data Fiduciary failures). No maximum on aggregate penalties for systemic violations.

Ensure your organisation is not on the next version of this tracker.

ConsentOS deploys the five compliance modules required under the DPDP Act in 30 days. Data inventory, signed consent records, privacy notice, DSR portal, and Legal Obligation Override for regulated-sector conflicts.