NOTICE & TRANSPARENCYPUBLISHED: 22 MAR 2026 // REVIEWED: 12 OCT 2026
Privacy Notice Checklist for Indian Websites Under Section 5
Reviewed by: Regulatory Analysis Desk
SCANNER OBSERVATION VS LEGAL VALIDATION
What the automated scanner checks:
- Whether a privacy link loads without 404/500 errors
- Presence of keywords for Purpose, Rights, Retention, and Grievance
- Whether notice links appear near data collection forms
What requires human legal counsel:
- Whether stated purposes match actual backend data processing
- Whether stated retention matches technical deletion execution
- Whether legal language meets statutory sufficiency standards
Essential Transparency Pillars Under Section 5
Section 5 of the DPDP Act mandates that every request for consent must be accompanied or preceded by a notice informing the data principal of essential facts. When crafting or auditing your public notice, ensure these specific elements are clearly documented:
- 1. Itemized Personal Data & Purpose: Explicitly state the categories of personal data collected and the specific purpose for which each category is processed. Avoid blanket phrases like “we use data for business improvement.”
- 2. Mechanism for Exercising Rights: Provide clear instructions on how users may exercise their statutory rights under Section 11, 12, and 13 (access to summary of data, correction, completion, erasure, and grievance redressal).
- 3. Grievance Redressal Officer Contact: Prominently display the designation, email address, and postal address of your Grievance Officer, as required by Section 8(8).
- 4. Data Retention Period: Clearly explain how long data will be retained and the criteria used to determine when retention is no longer necessary.
- 5. Third-Party Sharing & Processors: Identify third-party service providers (cloud hosts, payment gateways, analytics providers) with whom personal data is shared.
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Language detection by WebCompliance does not constitute proof of legal sufficiency. Consult qualified legal counsel to validate whether your policy accurately reflects internal business operations.