India has formally notified the Digital Personal Data Protection Rules 2025 and activated the Data Protection Board of India (DPBI) as the enforcement authority under the Digital Personal Data Protection (DPDP) Act 2023. The Act had already defined the Board’s mandate to investigate complaints, conduct inquiries and impose penalties. The newly notified rules now specify how the Board will be staffed, how it will operate, and how its processes differ from the draft rules issued in January 2025.
The government has also notified the commencement of key provisions of the DPDP Act. Sections 18 to 26, which establish the Board and define its powers, apply from 13 November 2025. Other obligations will come into effect over the next 18 months.
What the notified rules say about the Data Protection Board
The Central Government will constitute the DPBI and appoint its Chairperson and Members. The rules set up two search and selection committees:
- The committee for the Chairperson is chaired by the Cabinet Secretary and includes the Secretaries of Legal Affairs and the Ministry of Electronics and Information Technology (MeitY), along with two experts of repute.
- The committee for Members is chaired by the Secretary of MeitY and includes the Secretary of Legal Affairs and two experts.
These committees will recommend candidates, and the Central Government will make the final appointments. The rules continue to expect Members to bring experience relevant to the Board, including in law, technology and public administration.
The rules also state that the Board will function as a digital office. Rule 20 instructs the Board to use techno-legal measures to conduct proceedings without requiring physical presence, while retaining the power to summon and examine people on oath. The rules further require the Board to complete inquiries within six months of receiving an intimation, complaint or direction under Section 27. Extensions may be granted only in three-month blocks and must be supported with written reasons.
A separate notification fixes the Board’s head office in the National Capital Region.
Composition, functioning and authority
The notified rules lay out the Board’s internal processes:
- The Chairperson sets the meeting schedule, approves the agenda and issues notices.
- The Chairperson presides over meetings, or the Members present may elect another Member to chair if the Chairperson is absent.
- One-third of the Members form the quorum.
- Members take decisions by majority vote, and the Chairperson or acting chairperson has a second or casting vote in the event of a tie.
- Members with a conflict of interest must recuse themselves and cannot vote on the relevant item.
The rules also empower the Chairperson to act during emergencies when convening a meeting is not feasible. The Chairperson must record reasons in writing, inform Members within seven days, and place the action before the Board for…
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