DPDP §5

Notice & Free Consent

Paraphrased legal text

Before or at the time of seeking consent, the Data Fiduciary must serve a Notice that itemises the personal data collected, the purpose, the manner of exercising rights, and the manner of complaint — in plain language, available in English or any language specified in the Eighth Schedule to the Constitution of India.

What this means in plain English

  • Notice must be served at or before the point of consent.
  • It must itemise: what data, why, how to exercise rights, how to complain.
  • It must be in plain language, in English or any of the 22 languages in the Eighth Schedule to the Constitution (§5(3)).
  • Old, blanket consents collected before the Act need a fresh DPDP-compliant notice.

Penalty if you get this wrong

Up to ₹250 crore per failure to safeguard personal data — which a malformed Notice undermines from the start.

How ProtectComply solves it

AI Policy Generator + Consent Management

  • AI Policy Generator drafts §5-compliant Notice in plain English
  • Auto-translates to all 22 Eighth-Schedule languages, plus English
  • Consent Management binds the Notice version to each captured record
  • Re-consent campaign tooling for legacy data sets
See the module →

Related

DPDP §6 — Conditions of Valid ConsentDPDP §11 — Right to Access, Correction, ErasureDPDP Rule 12 (2025) — Exercise of Principal Rights