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Chapter 3: Manner of Giving Notice

Notice requirements and formats for data collection

chapter · 2 min read · Updated 14-Feb-2026 · 3 of 14

Executive Summary

  • The days of hiding behind 50-page legal documents are over. You must ask for permission cleanly, clearly, and upfront. Users must know exactly what they are signing up for before they give you a single byte of data.

Institutional Impact

  • Itemized information: The notice must give an itemized description of the personal data and the specified purpose or purposes, including the goods, services, or uses enabled by the processing.
  • Language access: A consent request must be presented in clear and plain language, with the option to access it in English or a language specified in the Eighth Schedule to the Constitution.
  • Withdrawal Info: You must explicitly tell them *how* to withdraw consent and *how* to file a grievance.
  • No "Bundling": You cannot hide a "share with 3rd parties" clause inside a "terms of service" agreement.

Data Principal Rights

  • The "Why": You have the right to know *why* they need your phone number. If they say "for security" but use it for "marketing," that is a violation.
  • Access: You can access the notice at any time, not just when signing up.

Practical application

What this looks like in practice

Use these examples to distinguish a defensible process from a common mistake.

Right

  • A notice lists each category of personal data alongside its specific purpose in clear language.

Incorrect

  • ×A business hides several unrelated purposes inside a long, bundled terms-of-service document.

Official Reference & Scope

  • Section 5: Notice
  • Rule 3: Manner of giving notice

Specifies how Data Fiduciaries must provide notice to Data Principals about data processing activities.

  • Notice content: Mandatory information to be included
  • Language and format: Clear, plain language requirements
  • Timing: When notice must be provided
  • Accessibility: Ensuring notice is easily accessible to Data Principals

Rule 3 also requires a link or other means for withdrawing consent, exercising rights, and making a complaint to the Board.

Primary sources: section 5 of the DPDP Act and rule 3 of the DPDP Rules.