#FactCheck: AI Video made by Pakistan which says they launched a cross-border airstrike on India's Udhampur Airbase

Introduction

In today's digital economy, data is not only a business asset but also the fuel for innovation, decision-making, and consumer trust. However, the digitisation of services has made personal or sensitive data a top target for cybercriminals. The stakes are high: a data breach can cost millions of fines, cause damage to reputation and devastate the confidence of consumers. Therefore, regulatory compliance and data protection have become a strategic imperative.

From the General Data Protection Regulation (GDPR) in the EU to the Digital Personal Data Protection (DPDP) Act of India, various sector-specific regulations like HIPAA for healthcare in the US, companies are now subject to a web of data protection and compliance laws. The challenge is to balance compliance efforts with strong security, a balance that demands both policy restraint and technical resilience. This blog examines pivotal pillars, shifting trends and actionable best practices for dominating data protection and compliance in 2025 and beyond.

Why Data Protection and Compliance Matter More Than Ever

Data protection isn't just about keeping fines at bay, it's about preserving the relationship with customers, partners and regulators. A 2024 IBM report says the average data-breach cost has now exceeded USD 4.5 million, with regulatory fines constituting a large portion of the cost. In addition to economics, breaches tend to result in intellectual property loss, customer loss and long-term brand attenuation. Compliance ensures organisations remain within certain legislative necessities for collecting, holding, transferring and setting of personal and sensitive information. Failure to conformity can lead to serious penalties: under GDPR, fines could be up to 4% of the company's annual turnover or €20 million, whichever is higher. In regulated sectors like banking and healthcare, compliance breaches can also lead to the suspension of licenses.

Important Regulatory Frameworks Informing 2025

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1. GDPR and Its Global Ripple Effect

GDPR was enacted in 2018 and continues to have a ripple effect on privacy legislation worldwide. Its tenets of lawfulness, transparency, data minimisation and purpose limitation have been replicated in many jurisdictions such as Brazil's LGPD and South Korea's PIPA.

2. India's DPDP Act

The DPDP Act, 2023, gives high importance to consent-based processing of data, transparent notice rules and fiduciary responsibilities for data. With a penalty for default of up to INR 250 crore, it's amongst the most impactful laws for digital personal data protection.

3. Sectoral Regulations

• HIPAA for healthcare information in the US.
• PCI DSS for payment card security.
• DORA (Digital Operational Resilience Act) in the EU for financial organisations.
• These industry-specific models generate overlapping compliance responsibilities, making cross-enterprise compliance programs vital.

Key Pillars of a Sound Data Protection & Compliance Program

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1. Data Governance and Classification

Having insight into what data you have to store, where it is stored and who can have access to it is the keystone of compliance. Organisations need to have data classification policies in place to group information based on sensitivity and impose more rigorous controls on sensitive data.

2. Security Controls and Privacy by Design

Strong technical defences, encryption, multi-factor authentication, and intrusion detection are the initial defences. Privacy by design integrated in product development guarantees compliance is thought through from the initial stage, not added on afterwards.

3. Consent and Transparency

Contemporary data legislation highlights informed consent. This entails simple, non-technical privacy notices, detailed opt-in choices, and straightforward withdrawal options. Transparency produces trust and lessens legal danger.

4. Incident Response and Breach Notification

Most laws demand timely breach notifications, and GDPR insists on reporting within 72 hours. Having a documented incident response plan maintains legal deadlines and reduces harm.

5. Employee Training and Awareness

Human mistake is the top source of data breaches. Ongoing training in prevention of phishing, password management, basic cyber hygiene and compliance requirements is crucial.

Upcoming Trends in 2025

1.  AI-Powered Compliance Monitoring

Organisations are embracing AI-powered solutions to systematically monitor data flows, identify policy breaches and auto-create compliance reports. The solutions assist in closing the loop between IT security teams and compliance officers.

2. Cross-Border Data Transfer Mechanisms

With increasingly severe regulations, companies are spending more on secure cross-border data transfer frameworks like Standard Contractual Clauses (SCCs) and Binding Corporate Rules (BCRs).

3. Privacy-Enhancing Technologies (PETs)

Methods such as homomorphic encryption and differential privacy are picking up steam, enabling organisations to sift through datasets without revealing sensitive personal data.

4. ESG and Data Ethics

Data handling is increasingly becoming a part of Environmental, Social and Governance (ESG) reporting. Ethical utilisation of customer data, not just compliance, has become a reputational differentiator.

Challenges in Implementation

Despite having transparent frameworks, data protection plans encounter challenges like jurisdictions having competing needs, and global compliance is becoming expensive. The emerging technologies, such as generative AI, often bring privacy threats that haven’t been fully covered by legislation. Small and micro enterprises have neither the budget nor the skills to implement enterprise-level compliance programs. Qualifying these challenges often needs a risk-based strategy, allocations of resources to top areas of impact and automating the compliance chores wherever possible.

Best Practices for 2025 and Beyond

In 2025, regulatory compliance and data protection are no longer a precaution or a response to a breach but are strategic drivers of resilience and trust. As regulatory analysis rises, cyber threats evolve, and consumer expectations grow, administrations need to integrate compliance into the very fabric of their actions. By bringing governance and technology together, organisations can break free from a "checklist" mentality and instead adopt a proactive and risk-sensitive approach. Eventually, data protection is not just about not getting in trouble; it's about developing a kind that succeeds in the digital era.

References

1. GDPR – Official EU Regulation Page: https://gdpr.eu 
2. India’s DPDP Act Overview – MeitY: https://www.meity.gov.in/data-protection-framework 
3. HIPAA – US Department of Health & Human Services: https://www.hhs.gov/hipaa 
4. PCI DSS Standards: https://www.pcisecuritystandards.org 
5. IBM Cost of a Data Breach Report 2024: https://www.ibm.com/reports/data-breach 
6. OECD – Privacy Guidelines: https://www.oecd.org/sti/privacy-guidelines 

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Introduction
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Generative AI, particularly deepfake technology, poses significant risks to security in the financial sector. Deepfake technology can convincingly mimic voices, create lip-sync videos, execute face swaps, and carry out other types of impersonation through tools like DALL-E, Midjourney, Respeecher, Murf, etc, which are now widely accessible and have been misused for fraud. For example, in 2024, cybercriminals in Hong Kong used deepfake technology to impersonate the Chief Financial Officer of a company, defrauding it of $25 million. Surveys, including Regula’s Deepfake Trends 2024 and Sumsub reports, highlight financial services as the most targeted sector for deepfake-induced fraud.

Deepfake Technology and Its Risks to Financial Systems

India’s financial ecosystem, including banks, NBFCs, and fintech companies, is leveraging technology to enhance access to credit for households and MSMEs. The country is a leader in global real-time payments and its digital economy comprises 10% of its GDP.  However, it faces unique cybersecurity challenges. According to the RBI’s 2023-24 Currency and Finance report, banks cite cybersecurity threats, legacy systems, and low customer digital literacy as major hurdles in digital adoption. Deepfake technology intensifies risks like:

• Social Engineering Attacks: Information security breaches through phishing, vishing, etc. become more convincing with deepfake imagery and audio.
• Bypassing Authentication Protocols: Deepfake audio or images may circumvent voice and image-based authentication systems, exposing sensitive data.
• Market Manipulation: Misleading deepfake content making false claims and endorsements can harm investor trust and damage stock market performance.
• Business Email Compromise Scams: Deepfake audio can mimic the voice of a real person with authority in the organization to falsely authorize payments.
• Evolving Deception Techniques: The usage of AI will allow cybercriminals to deploy malware that can adapt in real-time to carry out phishing attacks and inundate targets with increased speed and variations. Legacy security frameworks are not suited to countering automated attacks at such a scale.

Existing Frameworks and Gaps

In 2016, the RBI introduced cybersecurity guidelines for banks, neo-banking, lending, and non-banking financial institutions, focusing on resilience measures like Board-level policies, baseline security standards, data leak prevention, running penetration tests, and mandating Cybersecurity Operations Centres (C-SOCs). It also mandated incident reporting to the RBI for cyber events. Similarly, SEBI’s Cybersecurity and Cyber Resilience Framework (CSCRF) applies to regulated entities (REs) like stock brokers, mutual funds, KYC agencies, etc., requiring policies, risk management frameworks, and third-party assessments of cyber resilience measures. While both frameworks are comprehensive, they require updates addressing emerging threats from generative AI-driven cyber fraud.

Cyberpeace Recommendations 

• AI Cybersecurity to Counter AI Cybercrime: AI-generated attacks can be designed to overwhelm with their speed and scale. Cybercriminals increasingly exploit platforms like LinkedIn, Microsoft Teams, and Messenger, to target people.  More and more organizations of all sizes will have to use AI-based cybersecurity for detection and response since generative AI is becoming increasingly essential in combating hackers and breaches.
• Enhancing Multi-factor Authentication (MFA):  With improving image and voice-generation/manipulation technologies, enhanced authentication measures such as token-based authentication or other hardware-based measures, abnormal behaviour detection, multi-device push notifications, geolocation verifications, etc. can be used to improve prevention strategies.  New targeted technological solutions for content-driven authentication can also be implemented.
• Addressing Third-Party Vulnerabilities: Financial institutions often outsource operations to vendors that may not follow the same cybersecurity protocols, which can introduce vulnerabilities. Ensuring all parties follow standardized protocols can address these gaps.
• Protecting Senior Professionals: Senior-level and high-profile individuals at organizations are at a greater risk of being imitated or impersonated since they hold higher authority over decision-making and have greater access  to sensitive information. Protecting their identity metrics through technological interventions is of utmost importance.
• Advanced Employee Training:  To build organizational resilience, employees must be trained to understand how generative and emerging technologies work. A well-trained workforce can significantly lower the likelihood of successful human-focused human-focused cyberattacks like phishing and impersonation.
• Financial Support to Smaller Institutions: Smaller institutions may not have the resources to invest in robust long-term cybersecurity solutions and upgrades. They require financial and technological support from the government to meet requisite standards.

Conclusion

According to The India Cyber Threat Report 2025 by the Data Security Council of India (DSCI) and Seqrite, deepfake-enabled cyberattacks, especially in the finance and healthcare sectors, are set to increase in 2025. This has the potential to disrupt services, steal sensitive data, and exploit geopolitical tensions, presenting a significant risk to the critical infrastructure of India. 

As the threat landscape changes,  institutions will have to continue to embrace AI and Machine Learning (ML) for threat detection and response. The financial sector must prioritize robust cybersecurity strategies, participate in regulation-framing procedures, adopt AI-based solutions, and enhance workforce training, to safeguard against AI-enabled fraud. Collaborative efforts among policymakers, financial institutions, and technology providers will be essential to strengthen defenses.

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Sources 

• https://sumsub.com/newsroom/deepfake-cases-surge-in-countries-holding-2024-elections-sumsub-research-shows/ 
• https://www.globenewswire.com/news-release/2024/10/31/2972565/0/en/Deepfake-Fraud-Costs-the-Financial-Sector-an-Average-of-600-000-for-Each-Company-Regula-s-Survey-Shows.html 
• https://www.sipa.columbia.edu/sites/default/files/2023-05/For%20Publication_BOfA_PollardCartier.pdf 
• https://edition.cnn.com/2024/02/04/asia/deepfake-cfo-scam-hong-kong-intl-hnk/index.html 
• https://www.rbi.org.in/Commonman/English/scripts/Notification.aspx?Id=1721 
• https://elplaw.in/leadership/cybersecurity-and-cyber-resilience-framework-for-sebi-regulated-entities/ 
• https://economictimes.indiatimes.com/tech/artificial-intelligence/ai-driven-deepfake-enabled-cyberattacks-to-rise-in-2025-healthcarefinance-sectors-at-risk-report/articleshow/115976846.cms?from=mdr 

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Introduction

The much-awaited DPDP Rules have now finally been released in the official Gazette on 3rd January 2025 for consultation. The draft Digital Personal Data Protection Rules, 2025 (DPDP Rules) invites objections and suggestions from stakeholders that can be submitted on MyGov (https://mygov.in) by 18th February 2025.

DPDP Rules at Glance 

• Processing of Children's Data: The draft rules say that ‘A Data Fiduciary shall adopt appropriate technical and organisational measures to ensure that verifiable consent of the parent is obtained before the processing of any personal data of a child’. It entails that children below 18 will need parents' consent to create social media accounts.
• The identity of the parents and their age can be verified through reliable details of identity and age available with the Data Fiduciary, voluntarily provided identity proof or virtual token mapped to the same. The data fiduciaries are also required to observe due diligence for checking that the individual identifying themselves as the parent is an adult who is identifiable, if required, in connection with compliance with any law for the time being in force in India. Additionally, the government will also extend exemptions from these specific provisions pertaining to processing of children's data to educational institutions, and child welfare organisations.
• Processing of Personal Data Outside India: The draft rules specify that the transfer of personal data outside India, whether it is processed within the country or outside in connection with offering goods or services to individuals in India, is permitted only if the Data Fiduciary complies with the conditions prescribed by the Central Government through general or specific orders.
• Intimation of Personal Data Breach: On becoming aware of a personal data breach, the Data Fiduciary must promptly notify the affected Data Principals in a clear and concise manner through their user account or registered communication method. This notification should include a description of the breach (nature, extent, timing, and location), potential consequences for the Data Principal, measures taken or planned to mitigate risks, recommended safety actions for the Data Principal, and contact information of a representative to address queries. Additionally, the Data Fiduciary must inform the Board without delay, providing details of the breach, its likely impact, and initial findings. Within 72 hours (or a longer period allowed by the Board upon request), the Data Fiduciary must submit updated information, including the facts and circumstances of the breach, mitigation measures, findings about the cause, steps to prevent recurrence, and a report on notifications given to affected Data Principals. 
• Data Protection Board: The draft rules propose establishing the Data Protection Board, which will function as a digital office, enabling remote hearings, and will hold powers to investigate breaches, impose penalties, and perform related regulatory functions.

Journey of Digital Personal Data Protection Act, 2023

The foundation for the single statute legislation on Data Protection was laid down in 2017, in the famous ‘Puttaswami judgment,’ which is also well recognised as the Aadhar Card judgment. In this case, ‘privacy’  was recognised as intrinsic to the right to life and personal liberty, guaranteed by Article 21 of the Constitution of India, thus making ‘Right to Privacy’ a fundamental right.  In the landmark Puttaswamy ruling, the apex court of India stressed the need for a comprehensive data protection law. 

Eight years on and several draft bills later, the Union Cabinet approved the Digital Personal Data Protection Bill (DPDP) on 5th July 2023. The bill was tabled in the Lok Sabha on 3rd August 2023, and It was passed by Lok Sabha on 7th August, and the bill passed by Rajya Sabha on 9th August and got the president's assent on 11th August 2023; and India finally came up with the ‘Digital Personal Data Protection Act, 2023. This is a significant development that has the potential to bring about major improvements to online privacy and the handling of digital personal data by the platforms.

The Digital Personal Data Protection Act, 2023, is a newly-enacted legislation designed to protect individuals' digital personal data. It aims to ensure compliance by Data Fiduciaries and imposes specific obligations on both Data Principals and Data Fiduciaries. The Act promotes consent-based data collection practices and establishes the Data Protection Board to oversee compliance and address grievances. Additionally, it includes provisions for penalties of up to ₹250 crores in the event of a data breach. However, despite the DPDP Act being passed by parliament last year, the Act has not yet taken effect since its rules and regulations are still not finalised.

Conclusion

It is heartening to see that the Ministry of Electronics and Technology (MeitY) has finally released the draft of the much-awaited DPDP rules for consultation from stakeholders. Though noting certain positive aspects, there is still room for addressing certain gaps and multiple aspects under the draft rules that require attention. The public consultation, including the inputs from the tech platforms, is likely to see critical inputs on multiple aspects under the proposed rules. One such key area of interest will be the requirement of verifiable parental consent, which will likely include recommendations for a balanced approach which maintains children’s safety and mechanisms for the requirement of verifiable consent. The Provisions permitting government access to personal data on grounds of national security are also expected to face scrutiny. The proposed rules, after the consultation process, will be taken into consideration for finalisation after 18th February 2025.  The move towards establishing a robust data protection law in India signals a significant step toward enhancing trust and accountability in the digital ecosystem. However, its success will hinge on effective implementation, clear compliance mechanisms, and the adaptability of stakeholders to this evolving regulatory landscape.

References

• Draft DPDP Rules; https://egazette.gov.in/(S(rszckzjqxkns41cjzagebonx))/ViewPDF.aspx
• DPDP Act 2023; https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf