Web Scraping in India 2025: DPDP Act Compliance Guide

The Digital Personal Data Protection Act (DPDP) 2023 has transformed the data landscape in India. For web scrapers, understanding this legislation is crucial to operating legally and ethically. This guide breaks down what you need to know.

Overview of the DPDP Act 2023

The DPDP Act is India’s first comprehensive data protection law. It establishes a framework for processing personal data and imposes obligations on data fiduciaries (organizations that determine the purpose of data processing) and data processors (entities that process data on behalf of fiduciaries).

Key Definitions

• Personal Data: Any data about an individual who can be identified directly or indirectly
• Sensitive Personal Data: Data revealing financial, health, sexual orientation, religious or political beliefs
• Data Fiduciary: Entity that determines the purpose and means of processing personal data
• Data Principal: The individual to whom personal data relates

Web Scraping Under the DPDP Act

Publicly Available Data

The DPDP Act provides an exemption for publicly available data. Data that is lawfully accessible to the public is not subject to the same restrictions as other personal data. This includes:

• Data available on public websites
• Information from public records
• Data shared by individuals on social media (with privacy settings set to public)

However, this exemption doesn’t give carte blanche. You must still respect terms of service and robots.txt directives.

Consent Requirements

For non-public personal data, you need explicit consent from the data principal. Consent must be:

• Free: Given without coercion or undue influence
• Specific: Limited to the stated purpose
• Informed: The data principal understands what they’re consenting to
• Clear: Presented in an easy-to-understand manner
• Capable of Being Withdrawn: The data principal can withdraw consent at any time

Purpose Limitation

The DPDP Act requires that personal data be used only for the purpose for which it was collected. If you scrape data for one purpose, you cannot use it for another without additional consent.

robots.txt and Terms of Service

While not legally binding in India, respecting robots.txt and terms of service is both ethical and practical.

robots.txt

The robots.txt file tells web crawlers which parts of a site they can access. While ignoring robots.txt isn’t illegal, it can:

• Lead to IP blocking
• Damage your reputation
• Result in legal action under other laws (like the IT Act)

Terms of Service

Terms of service are contractual agreements. Violating them can lead to:

• Account termination
• Legal action for breach of contract
• Potential liability under the IT Act

Best Practices for Compliance

1. Data Minimization

Only collect the data you need. The DPDP Act emphasizes data minimization - collecting only what’s necessary for your stated purpose.

2. Purpose Specification

Clearly state why you’re collecting data and stick to that purpose. If you need to use data for a new purpose, obtain fresh consent.

3. Data Retention Limits

Don’t keep data longer than necessary. The DPDP Act requires data to be deleted when it’s no longer needed for its original purpose.

4. Security Measures

Implement appropriate security measures to protect the data you collect. This includes:

• Encryption at rest and in transit
• Access controls
• Regular security audits
• Data breach notification procedures

5. Data Principal Rights

Respect the rights of data principals, including:

• Right to access their data
• Right to correction
• Right to erasure
• Right to data portability

Ethical Considerations

Beyond legal compliance, ethical scraping practices are essential for building trust and maintaining a positive reputation.

Respect for Privacy

Even if data is publicly available, consider the privacy implications of collecting and using it. Ask yourself:

• Would the individual expect this data to be scraped?
• Could this data cause harm if misused?
• Is the collection proportionate to the benefit?

Transparency

Be transparent about your data collection practices. This includes:

• Clear privacy policies
• Contact information for data-related inquiries
• Information about how data will be used

Fairness

Ensure your scraping practices are fair and don’t discriminate against individuals or groups.

Common Pitfalls to Avoid

1. Scraping Behind Login Gates

Scraping data behind login gates without authorization can violate the DPDP Act and the IT Act. Always obtain proper authorization.

2. Ignoring Rate Limits

Aggressive scraping can disrupt services and may be considered a cyber attack under the IT Act. Respect rate limits and implement delays.

3. Scraping Sensitive Data

Be extra careful with sensitive personal data. The DPDP Act imposes stricter requirements for processing such data.

4. Selling Personal Data

Selling personal data without consent is a violation of the DPDP Act. Ensure you have proper consent before sharing or selling data.

Conclusion

The DPDP Act has raised the bar for data protection in India. While web scraping remains legal for publicly available data, compliance requires careful attention to consent, purpose limitation, and data security.

At Go4Scrap, we take compliance seriously. We implement robust data protection measures and stay up-to-date with evolving regulations. Because doing it right matters.

Need Help?

If you’re unsure about the legal implications of your scraping project, consult with a legal professional specializing in data protection law. The information in this guide is for educational purposes and doesn’t constitute legal advice.