MeitY Issues 2026 Order Clarifying DPDP Consent and Data Audits

What happened

The Ministry of Electronics and Information Technology notified the Digital Personal Data Protection (Removal of Difficulties) Order, 2026 on 5 October 2026. The mandate took effect the next day. SCC Times notes the Central Government issued this notification under Section 43(1) of the DPDP Act to clear up drafting ambiguities in the law. This statutory power allows the government to resolve textual gaps that block implementation of the Act and the DPDP Rules, 2025.

MeitY targets uncertainties in Section 9 and Section 10. The Order details how Data Fiduciaries get consent from persons with disabilities. It also specifies that periodic audits for Significant Data Fiduciaries are formally classified as data audits.

Does the DPDP Act apply here

Section 3 applies the Act to the processing of digital personal data within India. It also captures foreign processing linked to offering goods or services to Data Principals in India. Section 4 directs entities to secure consent or rely on legitimate uses before handling this data.

Entities that process user information have to apply these new clarifications to their DPDP Rules 2025 compliance frameworks. Fiduciaries will set up systems to document consent for persons with disabilities correctly. The Order makes it possible for the Data Protection Board to evaluate these mechanisms against a clear standard.

Legal implications under DPDP

Section 9 governs data processing related to children and persons with disabilities. The Removal of Difficulties Order resolves exactly how companies do consent collection for this group. Organizations must alter their front-end notices to align with the specific procedural updates.

Section 10 imposes heavier duties on Significant Data Fiduciaries. The statute requires these entities to undergo periodic evaluations. The Order formally names these mandatory checks as data audits. Significant Data Fiduciaries need to restructure their internal processes to meet this specific classification.

Could this happen to you

The Data Protection Board reviews evidence of valid consent and completed audits during formal inquiries. A failure to execute Section 9 consent rules for persons with disabilities exposes a Data Fiduciary to a maximum penalty of 200 crore rupees. A separate breach of the Section 10 audit duty carries fines up to 150 crore rupees. These strict financial maximums show the significant scale of liability for ignoring the Order.

Fiduciaries face immediate exposure if their logs fail to meet the formalized data audit standard. The Board tests company workflows against the updated text. The data processor holds the burden of proof to show they obtained lawful authorization.

What companies should do in the next 30 days

1. Map existing front-end notices against the clarified Section 9 requirements for persons with disabilities.

2. Set up internal audit workflows that classify periodic assessments as formal data audits under the DPDP Rules 2025.

3. Apply technical updates to your consent architecture to record data processing authorizations accurately.

4. Do a gap assessment of how the organization verifies the identity of users authorizing data processing.

What to watch

MeitY holds the authority to issue further clarifications under Section 43(1) as the DPDP Rules 2025 take root. Watch for the Data Protection Board to initiate inquiries testing the updated Section 9 consent flows. Significant Data Fiduciaries prepare for examiners demanding records of their formalized data audits.