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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 of the languages specified in the First Schedule.

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 any of the 22 official Indian languages.
  • 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 First-Schedule languages via Bedrock
  • 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