What is data breach notification under the DPDP Act?

What is data breach notification under the DPDP Act?

Compliance & labour law Updated October 2026

Under section 8(6) of the DPDP Act and Rule 7, an employer whose staff data is breached must notify each affected person and the Data Protection Board without delay, then file a detailed report within 72 hours. There is no harm threshold. The duty is scheduled from 13 May 2027.

Data breach notification under the DPDP Act is the duty of a Data Fiduciary to tell both the Data Protection Board and every affected person when personal data is breached. Section 8(6) of the Act creates the duty, and Rule 7 of the DPDP Rules, 2025 sets the content and timing; neither applies until the scheduled start date of 13 May 2027.

What counts as a breach in HR

Section 2(u) defines a personal data breach broadly: any unauthorised processing, or accidental disclosure, sharing, alteration, destruction or loss of access that compromises the confidentiality, integrity or availability of personal data. Unlike Europe’s GDPR, there is no “unlikely to cause harm” exception. Everyday HR examples include:

  • a salary register Excel emailed to the whole office instead of the finance head;
  • ransomware locking your HRMS so payroll cannot run (loss of availability counts);
  • a stolen laptop holding PAN, Aadhaar and bank details from onboarding files;
  • a misconfigured attendance server exposing fingerprint templates.

The two notices and their clocks

To whom When What it must cover
Each affected employee or candidate Without delay, through their user account or registered contact channel Nature, extent and timing of the breach, likely consequences, mitigation steps, what they can do to protect themselves, a contact person
Data Protection Board, first intimation Without delay Description, nature, extent, timing, location and likely impact
Data Protection Board, detailed report Within 72 hours of becoming aware, or longer if the Board allows on a written request Updated facts, cause, mitigation, who caused it if known, steps to prevent a repeat, and a report on notices sent to individuals

Picture this: a payroll executive discovers on Monday at 10 am that the outsourced processor’s shared folder holding 1,200 payslips was public. The first Board intimation and the employee notices go out the same day; the detailed report is due by Thursday 10 am. The clock runs from when you become aware, and the Act holds you responsible even though the vendor caused it, so your payroll outsourcing contract needs a vendor-to-you reporting window well inside 72 hours.

Penalties under the Schedule run up to Rs 200 crore for failing to notify and up to Rs 250 crore for failing to take reasonable security safeguards that would have prevented the breach.

Frequently asked questions

Is there any breach reporting duty in force right now?

Yes, separately: the CERT-In directions of April 2022 under the IT Act already require reporting specified cyber incidents, including data leaks, within six hours, so a ransomware attack on your HR systems is reportable today even before the DPDP duty starts.

Do we notify if only five employees are affected?

Under Rule 7 there is no minimum number or harm threshold, so plan to notify each affected Data Principal and the Board for small incidents too.

What should HR prepare before May 2027?

A written incident plan naming who decides and who drafts notices, current personal email or phone contacts for ex-employees, and access logs from your systems; role-based access control also shrinks how much any single leak can expose.

Breaches of fingerprint or face data are the hardest to contain, so read how biometric attendance systems store templates before your next device purchase.

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