MeitY · Order

Digital Personal Data Protection (Removal of Difficulties) Order, 2026

S.O. 5458(E)

In short
S.O. 5458(E) is the Digital Personal Data Protection (Removal of Difficulties) Order, 2026, made by the Ministry of Electronics and Information Technology on 5 October 2026 under section 43(1) of the Digital Personal Data Protection Act, 2023, and published in the Gazette of India dated 6 October 2026. It corrects the wording of two provisions of the Act — section 9(1), on verifiable consent for a child or a person with disability, and section 10(2)(c)(ii), on the periodic audit of a Significant Data Fiduciary — and changes no commencement date and no provision of the DPDP Rules, 2025.

This page is the record of the instrument itself — reference, dates, scope and source. For what it means in practice, read What the Act and the Rules ask of a Data Fiduciary.

The record

ReferenceS.O. 5458(E)
Issued byMinistry of Electronics and Information Technology (MeitY)
Instrument typeOrder
Date of issue5 October 2026
StatusIn force
BindsAmends the Digital Personal Data Protection Act, 2023 itself, in two places: section 9(1), on verifiable consent for a child or a person with disability, and section 10(2)(c)(ii), on the periodic audit of a Significant Data Fiduciary, which becomes a data audit. Textual corrections only. No commencement date moves and the DPDP Rules, 2025 are untouched.
Dates it sets
  • 6 October 2026 — In force, on publication in the Official Gazette.
DPDP Removal of Difficulties Order, 2026 as the register holds it, read from the issuing regulator's own notification.

What it says

  • Made under section 43(1) of the Act, which lets the Central Government remove a difficulty in giving effect to the Act by an order published in the Official Gazette.
  • In section 9(1), substitutes “child or of a person with disability” for “child or a person with disability,” so that the verifiable-consent duty reads in parallel for both.
  • In section 10(2)(c)(ii), substitutes “data audit” for “audit”, so that both audit references in section 10(2) — the independent data auditor’s and the Significant Data Fiduciary’s periodic one — refer to a data audit.
  • Describes both difficulties as textual and editorial in nature.
  • Comes into force on publication in the Official Gazette, 6 October 2026. Sections 9 and 10 themselves commence on 13 May 2027, under G.S.R. 843(E).

What accounts of this instrument get wrong

Read the instrument

The link below goes to the Gazette of India, where the instrument was published. Where a regulator serves its text through a PDF viewer or a query-string URL, it points at the document rather than at a landing page that may not render it.

Not a reading list. Each of these alters the obligation on this page — the amendment that moved a date, the sibling that binds the entity class this one excludes, or the separate track it is routinely merged with.

  • DPDP Rules, 2025 G.S.R. 846(E) — Data Fiduciaries, in three tranches, with the substantive duties commencing 13 May 2027.

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