Introduction
The Ministry of Electronics and Information Technology (MeitY), Government of India, has issued the Digital Personal Data Protection (Removal of Difficulties) Order, 2026, dated 5 October 2026 and published in the Official Gazette on 7 October 2026. The Order addresses textual ambiguities in the Digital Personal Data Protection Act, 2023.
Key Amendments
1. Section 9(1): Processing of Personal Data of Children and Persons with Disabilities
The Order clarifies the wording concerning the personal data of children and persons with disabilities who have lawful guardians, reinforcing the intended application of verifiable parental or lawful-guardian consent requirements.
Business Impact: Businesses processing such personal data should review their consent collection mechanisms, guardian verification procedures and supporting documentation.
2. Section 10(2)(c)(ii): Periodic Data Audits
The Order replaces the word "audit" with "data audit" in the provision concerning periodic audits by Significant Data Fiduciaries (SDFs), clarifying the intended scope of the audit requirement.
Business Impact: SDFs should review their data-audit processes and compliance frameworks to ensure alignment with the clarified provision.
What Should Businesses Do?
- Assess the applicability of these amendments to their operations
- Review relevant privacy and consent procedures
- Ensure that data-governance and audit frameworks remain aligned with the DPDP Act and applicable rules
The Order primarily addresses textual and interpretative ambiguities, rather than introducing an entirely new set of compliance obligations.
Read the Official Order
For the complete text, refer to the Digital Personal Data Protection (Removal of Difficulties) Order, 2026 — Official Gazette notification (S.O. 5458(E)).
This update is for general informational purposes and should not be construed as legal advice.