DPDP Act 2023
Legal IntermediateWhat is the DPDP Act?
The Digital Personal Data Protection Act (DPDP Act) 2023 is India’s comprehensive data protection legislation, modeled after the EU’s GDPR. It governs how personal data can be collected, processed, stored, and shared by organizations operating in India or dealing with Indian citizens’ data.
The DPDP Act 2023 is India’s answer to GDPR. What web scrapers need to know about India’s new data privacy law. If you’re collecting data from Indian users or businesses, this law affects you — big time.
Key Provisions for Data Scrapers
| Provision | Requirement | Impact on Scraping |
|---|---|---|
| Consent | Explicit consent for data collection | Must have valid legal basis |
| Purpose Limitation | Use data only for stated purpose | Define scraping purpose clearly |
| Data Minimization | Collect only what’s necessary | Don’t scrape unnecessary personal data |
| Storage Limitation | Delete when no longer needed | Implement data retention policies |
| Cross-Border Transfer | Some restrictions on data export | Check data storage locations |
| Data Fiduciary | Party collecting data has obligations | You may be a fiduciary |
What Counts as “Personal Data”?
Under DPDP Act, personal data includes:
├── Direct identifiers: Name, email, phone, Aadhaar
├── Indirect identifiers: IP address, device ID
├── Pseudonymous data: Cookie IDs, session tokens
└── Sensitive personal data: Financial, health, biometrics
Compliance Checklist for Scrapers
1. ✅ Identify if you're collecting personal data
2. ✅ Establish lawful basis (consent or legitimate interest)
3. ✅ Provide notice to data principals
4. ✅ Implement data retention policies
5. ✅ Allow data subjects to exercise rights
6. ✅ Ensure cross-border data transfer compliance
7. ✅ Maintain records of processing activities
8. ✅ Designate Data Protection Officer if required
Risk Assessment Framework
| Risk Level | Data Type | Example | Mitigation |
|---|---|---|---|
| Low | Public business data | Company addresses, public prices | Minimal compliance needed |
| Medium | Public personal data | LinkedIn profiles, professional info | Review terms of service |
| High | Private personal data | Phone numbers, residential addresses | Requires explicit consent |
| Very High | Sensitive personal data | Health, financial, biometric | Additional safeguards required |
Common Scraping Scenarios
# LOW RISK: Public business data
scrapable = [
"Company names and addresses",
"Public pricing information",
"Product catalogs",
"Press releases"
]
# HIGH RISK: Personal data (needs consent)
restricted = [
"Email addresses from websites",
"Phone numbers",
"Social media private profiles",
"Financial records"
]
Legal tip: Always check a website’s robots.txt and Terms of Service before scraping. Violating ToS plus collecting personal data without consent = regulatory risk. When in doubt, consult a data protection attorney before scaling your scraping operations.
Related Terms
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