#FactCheck - AI Manipulated image showing Anant Ambani and Radhika Merchant dressed in golden outfits.

Introduction

A policy, no matter how artfully conceived, is like a timeless idiom, its truth self-evident, its purpose undeniable, standing in silent witness before those it vows to protect, yet trapped in the stillness of inaction, where every moment of delay erodes the very justice it was meant to serve. This is the case of the Digital Personal Data Protection Act, 2023, which holds in its promise a resolution to all the issues related to data protection and a protection framework at par with GDPR and Global Best Practices. While debates on its substantive efficacy are inevitable, its execution has emerged as a site of acute contention. The roll-out and the decision-making have been making headlines since late July on various fronts. The government is being questioned by industry stakeholders, media and independent analysts on certain grounds, be it “slow policy execution”, “centralisation of power” or “arbitrary amendments”. The act is now entrenched in a never-ending dilemma of competing interests under the DPDP Act.

The change to the Right to Information Act (RTI), 2005, made possible by Section 44(3) of the DPDP Act, has become a focal point of debate. This amendment is viewed by some as an attack on weakening the hard-won transparency architecture of Indian democracy by substituting an absolute exemption for personal information for the “public interest override” in Section 8(1)(j) of the RTI Act. 

The Lag Ledger: Tracking the Delays in DPDP Enforcement 

As per a news report of July 28, 2025, the Parliamentary Standing Committee on Information and Communications Technology has expressed its concern over the delayed implementation and has urged the Ministry of Electronics and Information Technology (MeitY) to ensure that data privacy is adequately ensured in the nation. In the report submitted to the Lok Sabha on July 24, the committee reviewed the government’s reaction to the previous recommendations and concluded that MeitY had only been able to hold nine consultations and twenty awareness workshops about the Draft DPDP Rules, 2025. In addition, four brainstorming sessions with academic specialists were conducted to examine the needs for research and development. The ministry acknowledges that this is a specialised field that urgently needs industrial involvement. Another news report dated 30th July, 2025, of a day-long consultation held where representatives from civil society groups, campaigns, social movements, senior lawyers, retired judges, journalists, and lawmakers participated on the contentious and chilling effects of the Draft Rules that were notified in January this year. The organisers said in a press statement the DPDP Act may have a negative impact on the freedom of the press and people’s right to information and the activists, journalists, attorneys, political parties, groups and organisations “who collect, analyse, and disseminate critical information as they become ‘data fiduciaries’ under the law.” 

The DPDP Act has thus been caught up in an uncomfortable paradox: praised as a significant legislative achievement for India’s digital future, but caught in a transitional phase between enactment and enforcement, where every day not only postpones protection but also feeds worries about the dwindling amount of room for accountability and transparency. 

The Muzzling Effect: Diluting Whistleblower Protections

The DPDP framework raises a number of subtle but significant issues, one of which is the possibility that it would weaken safeguards for whistleblowers. Critics argue that the Act runs the risk of trapping journalists, activists, and public interest actors who handle sensitive material while exposing wrongdoing because it expands the definition of “personal data” and places strict compliance requirements on “data fiduciaries.”One of the most important checks on state overreach may be silenced if those who speak truth to power are subject to legal retaliation in the absence of clear exclusions of robust public-interest protections.

Noted lawyer Prashant Bhushan has criticised the law for failing to protect whistleblowers, warning that “If someone exposes corruption and names officials, they could now be prosecuted for violating the DPDP Act.”

Consent Management under the DPDP Act

In June 2025, the National e-Governance Division (NeGD) under MeitY released a Business Requirement Document (BRD) for developing consent management systems under the DPDP Act, 2023. The document supports the idea of “Consent Manager”, which acts as a single point of contact between Data Principals and Data Fiduciaries. This idea is fundamental to the Act, which is now being operationalised with the help of MeitY’s “Code for Consent: The DPDP Innovation Challenge.” The government has established a collaborative ecosystem to construct consent management systems (CMS) that can serve as a single, standardised interface between Data Principals and Data Fiduciaries by choosing six distinct entities, such as Jio Platforms, IDfy, and Zoop. Such a framework could enable people to have meaningful control over their personal data, lessen consent fatigue, and move India’s consent architecture closer to international standards if it is implemented precisely and transparently. 

There is no debate to the importance of this development however, there are various concerns associated with this advancement that must be considered. Although effective, a centralised consent management system may end up being a single point of failure in terms of political overreach and technical cybersecurity flaws. Concerns are raised over the concentration of power over the framing, seeking, and recording of consent when big corporate entities like Jio are chosen as key innovators. Critics contend that the organisations responsible for generating revenue from user data should not be given the responsibility for designing the gatekeeping systems. Furthermore, the CMS can create opaque channels for data access, compromising user autonomy and whistleblower protections, in the absence of strong safeguards, transparency mechanisms and independent oversight. 

Conclusion

Despite being hailed as a turning point in India’s digital governance, the DPDP Act is still stuck in a delayed and unequal transition from promise to reality. Its goals are indisputable, but so are the conundrum it poses to accountability, openness, and civil liberties. Every delay increases public mistrust, and every safeguard that remains unsolved. The true test of a policy intended to safeguard the digital rights of millions lies not in how it was drafted, but in the integrity, pace, and transparency with which it is to be implemented. In the digital age, the true cost of delay is measured not in time, but in trust. CyberPeace calls for transparent, inclusive, and timely execution that balances innovation with the protection of digital rights.

References

• https://www.storyboard18.com/how-it-works/parliamentary-committee-raises-concern-with-meity-over-dpdp-act-implementation-lag-77105.htm 
• https://thewire.in/law/excessive-centralisation-of-power-lawyers-activists-journalists-mps-express-fear-on-dpdp-act
• https://www.medianama.com/2025/08/223-jio-idfy-meity-consent-management-systems-dpdpa/ ‍
• https://www.downtoearth.org.in/governance/centre-refuses-to-amend-dpdp-act-to-protect-journalists-whistleblowers-and-rti-activists

Introduction

The whole world is shifting towards a cashless economy, with innovative payment transaction systems such as UPI payments, card payments, etc. These payment systems require processing, storage, and movement of millions of cardholders data which is crucial for any successful transaction.

And therefore to maintain the credibility of this payment ecosystem, security or secure movement and processing of cardholders data becomes paramount. Entities involved in a payment ecosystem are responsible for the security of cardholders data. Security is also important because if breaches happen in cardholders data it would amount to financial loss. Fraudsters are attempting smart ways to leverage any kind of security loopholes in the payment system.

So these entities which are involved in the payment ecosystem need to maintain some security standards set by one council of network providers in the payment industry popularly known as the Payment Card Industry Security Standard Council.

Overview of what is PCI and PCI DSS Compliance

Earlier every network providers in the payment industry have their own set of security standards but later they all together i.e., Visa, Mastercard, American Express, Discover, and JCB constituted an independent body to come up with comprehensive security standards like PCI DSS, PA DSS, PCI-PTS, etc.  And these network providers ensure the enforcement of the security standards by putting conditions on services being provided to the merchant or acquirer bank.

In other words, PCI DSS particularly is the global standard that provides a baseline of technical and operational requirements designed to protect account data. PCI DSS is a security standard specially designed for merchants and service providers in the payment ecosystem to protect the cardholders data against any fraud or theft.

It applies to all the entities including third-party vendors which are involved in processing storing and transmitting cardholders data. In organization, even all CDE (Card Holder Data Environment) including system components or network component that stores and process cardholders data, has to comply with all the requirements of PCI compliance.  Recently PCI has released a new version of PCI DSS v4.0 a few months ago with certain changes from the previous version after three years of the review cycle.

12 Requirements of PCI DSS

This is the most important part of PCI DSS as following these requirements can make any organization to some extent PCI compliant. So what are these requirements:

• Installing firewalls or maintaining security controls in the networks
• Use strong password in order to secure the CDE( Card holders data environment)
• Protection of cardholder data
• Encrypting the cardholder data during transmission over an open and public network.
• Timely detection and protection of the cardholders data environment from any malicious activity or software.
• Regular updating the software thereby maintaining a secure system.
• Rule of business need to know should apply to access the cardholders data
• Identification and authentication of the user are important to access the system components.
• Physical access to cardholders data should be restricted.
• Monitoring or screening of system components to know the malicious activity internally in real-time.
• Regular auditing of security control and finding any vulnerabilities available in the systems.
• Make policies and programs accordingly in order to support information security.

How organization can become PCI compliant

• Scope: First step is to determine all the system components or networks storing and processing cardholders data i.e., Cardholders Data Environment.
• Assess: Then test whether these systems or networks are complying with all the requirements of PCI DSS COMPLIANCE.
• Report: Documenting all the assessment through self assessment questionnaire by answering following questions like whether the requirements are met or not? Whether the requirements are met with customized approach.
• Attest: Then the next step is to complete the attestation process available on the website of PCI SSC.
• Submit: Then organization can submit all the documents including reports and other supporting documents if it is requested by other entities such as payment brands, merchant or acquirer.
• Remediate: Then the organisation should take remedial action for the requirements which are not in place on the system components or networks.

Conclusion

One of the most important issues facing those involved in the digital payment ecosystem is cybersecurity. The likelihood of being exposed to cybersecurity hazards including online fraud, information theft, and virus assaults is rising as more and more users prefer using digital payments.

And thus complying and adopting with these security standards is the need of the hour. And moreover RBI has also mandated all the regulated entities ( NBFCs Banks etc) under one recent notification to comply with these standards.

Introduction

As India moves full steam ahead towards a trillion-dollar digital economy, how user data is gathered, processed and safeguarded is under the spotlight. One of the most pervasive but least known technologies used to gather user data is the cookie. Cookies are inserted into every website and application to improve functionality, measure usage and customize content. But they also present enormous privacy threats, particularly when used without explicit user approval. 

In 2023, India passed the Digital Personal Data Protection Act (DPDP) to give strong legal protection to data privacy. Though the act does not refer to cookies by name, its language leaves no doubt as to the inclusion of any technology that gathers or processes personal information and thus cookies regulation is at the centre of digital compliance in India. This blog covers what cookies are, how international legislation, such as the GDPR, has addressed them and how India's DPDP will regulate their use.

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What Are Cookies and Why Do They Matter?

Cookies are simply small pieces of data that a website stores in the browser. They were originally designed to help websites remember useful information about users, such as your login session or what is in your shopping cart. Netscape initially built them in 1994 to make web surfing more efficient. 

Cookies exist in various types. Session cookies are volatile and are deleted when the browser is shut down, whereas persistent cookies are stored on the device to monitor users over a period of time. First-party cookies are made by the site one is visiting, while third-party cookies are from other domains, usually utilised for advertisements or analytics. Special cookies, such as secure cookies, zombie cookies and tracking cookies, differ in intent and danger. They gather information such as IP addresses, device IDs and browsing history information associated with a person, thus making it personal data per the majority of data protection regulations.

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A Brief Overview of the GDPR and Cookie Policy

The GDPR regulates how personal data can be processed in general. However, if a cookie collects personal data (like IP addresses or identifiers that can track a person), then GDPR applies as well, because it sets the rules on how that personal data may be processed, what lawful bases are required, and what rights the user has.

The ePrivacy Directive (also called the “Cookie Law”) specifically regulates how cookies and similar technologies can be used. Article 5(3) of the ePrivacy Directive says that storing or accessing information (such as cookies) on a user’s device requires prior, informed consent, unless the cookie is strictly necessary for providing the service requested by the user.

In the seminal Planet49 decision, the Court of Justice of the European Union held that pre-ticked boxes do not represent valid consent. Another prominent enforcement saw Amazon fined €35 million by France's CNIL for using tracking cookies without user consent.

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Cookies and India’s Digital Personal Data Protection Act (DPDP), 2023

India's Digital Personal Data Protection Act, 2023 does not refer to cookies specifically but its provisions necessarily come into play when cookies harvest personal data like user activity, IP addresses, or device data. According to DPDP, personal data is to be processed for legitimate purposes with the individual's consent. The consent has to be free, informed, clear and unambiguous. The individuals have to be informed of what data is collected, how it will be processed.. The Act also forbids behavioural monitoring and targeted advertising in the case of children.

The Ministry of Electronics and IT released the Business Requirements Document for Consent Management Systems (BRDCMS) in June 2025. Although it is not binding by law, it provides operational advice on cookie consent. It recommends that websites use cookie banners with "Accept," "Reject," and "Customize" choices. Users must be able to withdraw or change their consent at any moment. Multi-language handling and automatic expiry of cookie preferences are also suggested to suit accessibility and privacy requirements.

The DPDP Act and the BRDCMS together create a robust user-rights model, even in the absence of a special cookie law.

What Should Indian Websites Do?

For the purposes of staying compliant, Indian websites and online platforms need to act promptly to harmonise their use of cookies with DPDP principles. This begins with a transparent and simple cookie banner providing users with an opportunity to accept or decline non-essential cookies. Consent needs to be meaningful; coercive tactics such as cookie walls must not be employed. Websites need to classify cookies (e.g., necessary, analytics and ads) and describe each category's function in plain terms under the privacy policy. Users must be given the option to modify cookie settings anytime using a Consent Management Platform (CMP). Monitoring children or their behavioural information must be strictly off-limits.

These are not only about being compliant with the law, they're about adhering to ethical data stewardship and user trust building.

What Should Users Do?

Cookies need to be understood and controlled by users to maintain online personal privacy. Begin by reading cookie notices thoroughly and declining unnecessary cookies, particularly those associated with tracking or advertising. The majority of browsers today support blocking third-party cookies altogether or deleting them periodically.

It is also recommended to check and modify privacy settings on websites and mobile applications. It is possible to minimise surveillance with the use of browser add-ons such as ad blockers or privacy extensions. Users are also recommended not to blindly accept "accept all" in cookie notices and instead choose "customise" or "reject" where not necessary for their use.

Finally, keeping abreast of data rights under Indian law, such as the right to withdraw consent or to have data deleted, will enable people to reclaim control over their online presence.

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Conclusion

Cookies are a fundamental component of the modern web, but they raise significant concerns about individual privacy. India's DPDP Act, 2023, though not explicitly referring to cookies, contains an effective legal framework that regulates any data collection activity involving personal data, including those facilitated by cookies.

As India continues to make progress towards comprehensive rulemaking and regulation, companies need to implement privacy-first practices today. And so must the users, in an active role in their own digital lives. Collectively, compliance, transparency and awareness can build a more secure and ethical internet ecosystem where privacy is prioritised by design.

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References

• https://prsindia.org/billtrack/digital-personal-data-protection-bill-2023
• https://gdpr-info.eu/
• https://d38ibwa0xdgwxx.cloudfront.net/create-edition/7c2e2271-6ddd-4161-a46c-c53b8609c09d.pdf
• https://oag.ca.gov/privacy/ccpa
• https://www.barandbench.com/columns/cookie-management-under-the-digital-personal-data-protection-act-2023#:~:text=The%20Business%20Requirements%20Document%20for,the%20DPDP%20Act%20and%20Rules.
• https://samistilegal.in/cookies-meaning-legal-regulations-and-implications/#
• https://secureprivacy.ai/blog/india-digital-personal-data-protection-act-dpdpa-cookie-consent-requirements
• https://law.asia/cookie-use-india/‍
• https://www.cookielawinfo.com/major-gdpr-fines-2020-2021/#:~:text=4.,French%20websites%20could%20refuse%20cookies.