SECTOR COMPLIANCE CHECKLIST

Schools

Comprehensive statutory controls framework mapped under the Digital Personal Data Protection Act 2023 for Schools data fiduciaries.

What DPDP compliance looks like in practice: a K-12 CBSE school with an EdTech stack

Brightfield Academy is a CBSE-affiliated K-12 school in Gurugram with 2,400 students across grades 1 to 12. Like most urban private schools, Brightfield has layered significant digital infrastructure: a Learning Management System (LMS) from an EdTech vendor, a parent communication app, a third-party ERP for fee collection and attendance, a CCTV system with cloud storage, and a vendor-run diagnostic assessment platform.

Under Section 9 of the DPDP Act 2023, Brightfield is prohibited from processing the personal data of any student under 18 without verifiable parental consent. Every one of its EdTech vendors processes student data — making Brightfield a Data Fiduciary accountable for what those processors do.

Brightfield's first gap: it has collected "parent email consent" for the parent app at admission — but that consent was bundled into the general admission form, covered multiple data uses in a single undifferentiated click, and was written in legalese. Under Section 6, that is not valid consent.

Brightfield's second gap: the LMS vendor exports student performance data to a US-based analytics platform. No notice was given to parents about cross-border transfer, no data processing agreement reviewed the vendor's sub-processor chain, and no legal basis was established for the transfer.

Critical Priority

High Priority

Medium Priority

Low Priority

Schools processing student data under 18 without verifiable parental consent face penalties under Section 33(2) of the DPDP Act (up to ₹250 crore per violation type). Beyond financial penalties, a school found to have shared student data with a vendor that used it for targeted advertising or profiling faces reputational damage that affects admissions, parent trust, and CBSE affiliation standing. Schools using EdTech platforms serving Class 1–5 students must be especially vigilant — the youngest students are the most protected class under Section 9.

Critical (Immediate Audit Required)

High (Core DPDP Mandate)

Medium (Operational Control)

Low (Documentation)

Children's & PwD Data 4 Controls

COM-CHD-02

Verifiable parental consent mechanism

🔍 Verification: Where applicable, confirm a technical/organisational mechanism exists to obtain verifiable consent from a parent before processing a child's personal data, with due diligence to confirm the parent is an identifiable adult (via reliable existing identity/age details, voluntarily provided details, or a virtual token via a Digital Locker service provider).

Critical

Section 9(1); Rule 10

COM-CHD-04

No detrimental processing, tracking or targeted advertising to children

🔍 Verification: Confirm the organisation does not process children's personal data in a way likely to cause a detrimental effect on their well-being, and does not undertake behavioural tracking/monitoring or targeted advertising directed at children.

Critical

Section 9(2)-(3)

COM-CHD-01

Screen whether the organisation processes children's personal data

🔍 Verification: Determine whether any Data Principal is, or may be, under 18 years of age (a 'child' under Section 2(f)) - e.g., minor nominees/beneficiaries, guardian-operated minor accounts/policies, or joint applicants. If not applicable, mark this section Not Applicable and document the basis for that conclusion.

High

Section 2(f), Section 9

COM-CHD-03

Verifiable guardian consent for persons with disability

🔍 Verification: Where applicable, confirm due diligence is performed to verify a lawful guardian of a person with disability is validly appointed (by a court, designated authority, or local level committee) before obtaining their consent for processing.

High

Rule 11

Consent 7 Controls

COM-CON-01

Consent meets the statutory standard

🔍 Verification: Confirm consent capture is free, specific, informed, unconditional and unambiguous, involves a clear affirmative act (no pre-ticked boxes, no bundling consent to a loan/policy/account with consent to marketing), and is limited to personal data necessary for the specified purpose.

Critical

Section 6(1)

COM-CON-04

Consent withdrawal is as easy as giving consent

🔍 Verification: Confirm the mechanism to withdraw consent is comparably easy to the mechanism used to give it; confirm that upon withdrawal, processing based on that consent ceases within a reasonable time (including by Data Processors), without affecting the legality of prior processing or the continuation of the underlying contract (e.g., loan/policy) to the extent it relies on Section 7 rather than consent.

Critical

Section 6(4)-(6)

COM-CON-02

No invalid consent clauses

🔍 Verification: Review consent language, loan/policy/account-opening agreements and terms of use for clauses that would be invalid to the extent they infringe the Act/Rules or other law - e.g., purported waivers of the right to complain to the Board.

High

Section 6(2)

COM-CON-03

Consent request presented in plain language with contact details

🔍 Verification: Confirm every consent request is in clear and plain language, offers English/Eighth Schedule language options, and provides the business contact details of the DPO (if applicable) or the person authorised to respond to Data Principal communications.

High

Section 6(3)

COM-CON-06

Consent and notice records retained for burden of proof

🔍 Verification: Confirm the organisation can produce evidence, for any Data Principal, that a compliant notice was given and that consent was validly obtained, since the Data Fiduciary bears the burden of proof in any Board proceeding.

High

Section 6(10)

COM-CON-07

'Certain legitimate uses' basis is documented separately from consent

🔍 Verification: Where the organisation relies on a Section 7 legitimate use (e.g., 7(a) voluntarily provided data for a specified purpose, 7(b) State-provided subsidy/benefit/service, 7(i) employment-related processing) instead of consent, document the specific limb relied upon and why - do not blend legitimate-use processing into general consent language.

High

Section 7

COM-CON-05

Consent Manager readiness (if using/planning to use one)

🔍 Verification: If the organisation intends to route consent through a Consent Manager (including for Account Aggregator-linked financial data flows), confirm the Consent Manager is (or will be) registered with the Board once Rule 4 becomes active (13 Nov 2026), and that data-sharing arrangements with it are documented.

Medium

Section 6(7)-(9); Rule 4

Cross-Border Processing 3 Controls

COM-CB-01

Map jurisdictions, vendors and cloud regions receiving personal data

🔍 Verification: Identify every country/territory in which personal data is stored or processed, including cloud-hosting regions and offshore support/processing centres, and every foreign vendor/sub-processor involved.

High

Section 16

COM-CB-02

Monitor Central Government country-restriction notifications

🔍 Verification: The DPDP Act follows a 'restricted-country' (blacklist) approach, not a whitelist/adequacy approach - transfers are permitted by default except to countries or territories the Central Government specifically notifies as restricted. No such notification has been issued as of publication. Do not assume any particular country is either blocked or pre-approved; monitor for notifications.

Medium

Section 16(1)-(2)

COM-CB-03

Document cross-border transfer contractual arrangements

🔍 Verification: Confirm contracts with foreign vendors/group entities receiving personal data address security safeguards, breach notification and data-return/deletion consistent with the organisation's own obligations under the Act.

Medium

Section 16

Data Principal Rights 6 Controls

COM-DPR-02

Right to correction, completion, updating and erasure

🔍 Verification: Confirm a process exists to correct inaccurate/misleading data, complete incomplete data, update data, and erase data on request (unless retention is necessary for the specified purpose, an active contract, or legal/regulatory compliance).

Critical

Section 12

COM-DPR-01

Right to access information about processing

🔍 Verification: Confirm a process exists to give a Data Principal, on request, a summary of personal data processed and processing activities undertaken, plus the identities of other Data Fiduciaries/Data Processors with whom it has been shared (subject to the law-enforcement-sharing carve-out in Section 11(2)).

High

Section 11

COM-DPR-03

Right to grievance redressal

🔍 Verification: Confirm readily available means of grievance redressal exist, and that Data Principals are informed they must exhaust this internal route before approaching the Board.

High

Section 13

COM-DPR-05

Published rights-exercise mechanism and identity verification

🔍 Verification: Confirm the website/app prominently publishes the means to make a rights request and the identifying particulars (customer/policy/account/folio number, email, mobile number, etc.) needed to verify the requester, and that requests are only actioned for Data Principals who previously gave consent to that Data Fiduciary.

High

Rule 14(1)-(2), (5)

COM-DPR-04

Right to nominate

🔍 Verification: Confirm a mechanism exists for a Data Principal to nominate another individual to exercise their rights in the event of death or incapacity.

Medium

Section 14; Rule 14(4)

COM-DPR-06

Internal SLA and recordkeeping for rights requests

🔍 Verification: Confirm requests are logged, tracked to resolution within a defined internal SLA, and that records are retained to demonstrate timely handling.

Medium

Sections 11-14; Rule 14

Governance & Applicability 6 Controls

COM-GOV-01

Determine DPDP Act applicability to the organisation

🔍 Verification: Confirm whether the organisation processes digital personal data of individuals within India, personal data collected in non-digital form and later digitised, or processes personal data of Data Principals in India from outside India in connection with offering goods or services to them. Confirm whether any processing falls under the personal/domestic-purpose exclusion or the publicly-available-data exclusion under Section 3(c).

Critical

Section 3

COM-GOV-02

Identify Data Fiduciary and Data Processor role(s)

🔍 Verification: For each processing activity, determine whether the organisation determines the purpose and means of processing (Data Fiduciary) or processes personal data on behalf of another entity (Data Processor) under a contract. An organisation can be both, for different activities.

Critical

Section 2(i), 2(k)

COM-GOV-03

Complete an initial personal-data processing map

🔍 Verification: Before assessing any other control, produce a first-pass map of what personal data is processed, for what purpose, and by which function - this map is the basis for the Data Inventory section below and for every subsequent control.

Critical

Sections 4-8 (foundational)

COM-GOV-04

Assign internal privacy governance responsibility

🔍 Verification: Nominate an accountable owner (formal Data Protection Officer if a Significant Data Fiduciary; otherwise a designated privacy/compliance owner) with authority to run this programme, coordinate with IT/HR/Legal/Vendor Management, and respond to Board or Data Principal communications.

High

Section 8(1), 8(9)-(10)

COM-GOV-05

Adopt an internal DPDP compliance policy/framework

🔍 Verification: Document an internal policy covering notice/consent standards, security safeguards, breach response, retention/erasure, Data Principal rights handling, and vendor management, consistent with this checklist.

High

Section 8(4) (general obligation to implement measures)

COM-GOV-06

Track commencement notifications and regulatory developments

🔍 Verification: Because the Act and Rules commence in phases (13 Nov 2025 / 13 Nov 2026 / 13 May 2027) and several matters are pending further Central Government notification (e.g., cross-border restricted-country list, Significant Data Fiduciary designation, data-localisation categories), assign someone to monitor the Official Gazette and MeitY announcements and update this checklist accordingly.

Medium

Section 1(2); Rule 1

Grievance Management 4 Controls

COM-GRI-01

Publish DPO/contact person business contact information

🔍 Verification: Confirm the business contact information of the DPO (if applicable) or another person able to answer Data Principal questions about processing is prominently published on the website/app, and included in every response to a rights-related communication.

High

Section 8(9); Rule 9

COM-GRI-02

Effective grievance redressal mechanism, distinguished from sectoral ombudsman/grievance routes

🔍 Verification: Confirm an effective mechanism exists to redress Data Principal grievances relating to processing of their personal data specifically (as distinct from, and in addition to, any sectoral customer-grievance or ombudsman mechanism already in place).

High

Section 8(10)

COM-GRI-03

Published response timeline not exceeding the prescribed period

🔍 Verification: Confirm the published grievance-response timeline does not exceed the period prescribed for the relevant class of Data Fiduciary, and that operational capacity exists to meet it.

Medium

Rule 14(3)

COM-GRI-04

Grievance tracking and escalation records

🔍 Verification: Maintain a log of grievances received, actions taken, and time to resolution, including escalation where the internal route is exhausted and the Data Principal may approach the Board.

Medium

Supports Section 8(10) and 13(2)-(3)

Notice 5 Controls

COM-NOT-01

Notice content meets statutory minimum

🔍 Verification: Verify every consent-seeking notice discloses, in clear and plain language: (a) an itemised description of the personal data being collected; (b) the specified purpose(s) and specific description of the goods/services or uses enabled; (c) how to exercise rights under Section 6(4) and Section 13; and (d) how to complain to the Board.

Critical

Section 5(1); Rule 3(b)

COM-NOT-02

Notice is presented independently and understandably

🔍 Verification: Confirm the notice can be understood on its own, without needing to cross-refer to other documents (e.g., a separate terms-of-service, loan agreement, or policy wording) to make sense of what is being collected and why.

High

Rule 3(a)

COM-NOT-03

Notice accompanies or precedes every consent request

🔍 Verification: Confirm the onboarding/application workflow shows the notice to the Data Principal at or before the point consent is sought - not buried afterwards, in fine print, or only on request.

High

Section 5(1)

COM-NOT-04

Legacy (pre-commencement) consents re-notified

🔍 Verification: For Data Principals who gave consent before the relevant provisions commenced (e.g., existing customers/policyholders/account holders), plan to notify them, as soon as reasonably practicable after commencement, describing the personal data and purpose of processing, their rights, and how to complain to the Board. Consent given earlier remains valid until withdrawn.

High

Section 5(2)

COM-NOT-05

Notice available in English and Eighth Schedule languages

🔍 Verification: Confirm the Data Principal has the option to access the notice in English or any language listed in the Eighth Schedule to the Constitution of India, at least on request.

Medium

Section 5(3)

Personal Data Breach 6 Controls

COM-BR-01

Breach detection and internal escalation workflow

🔍 Verification: Confirm an incident-response process exists to detect a personal data breach and escalate it internally without delay to the accountable privacy/security owner.

Critical

Section 8(6)

COM-BR-02

Data Principal intimation - content and channel

🔍 Verification: Confirm the breach-notification template covers: description of the breach (nature, extent, timing), consequences relevant to the Data Principal, mitigation measures taken/being taken, safety measures the Data Principal can take, and business contact details for queries - and that it can be delivered via the Data Principal's user account or registered communication channel without delay.

Critical

Rule 7(1)

COM-BR-03

Board intimation - immediate description

🔍 Verification: Confirm a process exists to intimate the Board without delay of the breach's nature, extent, timing, location of occurrence and likely impact upon becoming aware of it.

Critical

Rule 7(2)(a)

COM-BR-04

Board intimation - detailed report within 72 hours

🔍 Verification: Confirm a process exists to provide the Board, within 72 hours of becoming aware of the breach (or such longer period as the Board allows on written request): updated/detailed description, facts/circumstances/reasons, mitigation measures, findings on the cause, remedial measures taken, and a report of the intimations given to affected Data Principals.

Critical

Rule 7(2)(b)

COM-BR-05

Breach register and evidence preservation

🔍 Verification: Confirm all actual and suspected breaches are logged in a central register with timeline, actions taken, and outcomes, and that relevant forensic evidence is preserved for investigation.

High

Section 8(6); Rule 7

COM-BR-06

Coordination with sectoral breach/incident reporting

🔍 Verification: Where the organisation is separately required to report cyber incidents/breaches to a sector regulator or CERT-In, confirm the DPDP breach workflow and the sectoral incident-reporting workflow are coordinated so timelines and facts are consistent across both filings.

High

See sector regulator's cyber-security/incident-reporting framework

Personal Data Inventory 5 Controls

COM-INV-01

Maintain a Record of Processing Activities (ROPA)

🔍 Verification: Document, per processing activity: categories of personal data processed, categories of Data Principals, purpose, and source of collection (direct from Data Principal, third party, public record, etc.).

Critical

Sections 4, 5, 8 (implied by notice/consent/accountability obligations)

COM-INV-04

Document lawful basis per processing activity

🔍 Verification: For each processing activity in the ROPA, record whether the lawful basis is Data Principal consent (Section 6) or one of the 'certain legitimate uses' (Section 7, e.g., voluntarily provided data for a specified purpose, employment purposes, compliance with law, medical emergency). Do not default every activity to 'consent' - Section 7 uses have distinct conditions.

Critical

Sections 4, 6, 7

COM-INV-02

Map storage systems and internal access

🔍 Verification: Identify which systems (core banking/policy admin/trading systems, CRM, cloud storage, on-prem servers, email) store each category of personal data, and which internal roles/departments have access.

High

Section 8(4)-(5) (security accountability)

COM-INV-03

Map external recipients, processors and cross-border flows

🔍 Verification: List every third party (Data Fiduciary or Data Processor) that receives personal data, including technology vendors, KYC/verification agencies, credit bureaus, reinsurers, auditors, and group companies, and note the country/jurisdiction in which each holds or processes the data.

High

Sections 8(2)-(3), 11(1)(b), 16

COM-INV-05

Map retention periods and deletion triggers

🔍 Verification: For each data category, record the intended retention period, the event that triggers deletion (purpose fulfilled, consent withdrawn, statutory retention period under another law), and whether the organisation falls within any class specified in the Third Schedule to the Rules.

High

Section 8(7)-(8); Rule 8

Processors & Vendors 6 Controls

COM-PROC-02

Valid written contract with every processor

🔍 Verification: Confirm engagement of a Data Processor for any activity related to offering goods/services to Data Principals is under a valid written contract, since the Data Fiduciary remains responsible for compliance regardless of any contrary agreement (Section 8(1)).

Critical

Section 8(2)

COM-PROC-05

Processor breach-escalation obligations

🔍 Verification: Confirm DPAs require the processor to notify the Data Fiduciary promptly of any personal data breach, with enough detail to allow the Data Fiduciary to meet its own Board/Data Principal intimation timelines.

Critical

Section 8(6); Rule 7

COM-PROC-01

Inventory of all Data Processors/vendors

🔍 Verification: Cross-check the vendor list (core system providers, cloud hosting, KYC/verification agencies, collections agencies, marketing platforms, IT support, auditors, etc.) against the personal-data map to identify every processor handling personal data on the organisation's behalf.

High

Section 2(k)

COM-PROC-03

Contractual security and confidentiality flow-down

🔍 Verification: Confirm DPAs contain appropriate provisions requiring the processor to take reasonable security safeguards and maintain confidentiality, and address sub-processor engagement and oversight - particularly for outsourced/offshored processing, consistent with applicable outsourcing directions of the sector regulator.

High

Rule 6(1)(f)

COM-PROC-04

Contractual erasure/return obligations

🔍 Verification: Confirm DPAs require the processor to erase personal data made available to it when the Data Fiduciary is required to erase it (on consent withdrawal or purpose fulfilment), unless retention is required by law.

High

Section 8(7)(b)

COM-PROC-06

Pre-onboarding and periodic vendor security due diligence

🔍 Verification: As good practice supporting the Section 8(5) security obligation (and typically required separately under sector-regulator outsourcing norms), assess a vendor's security posture before onboarding and periodically thereafter.

Medium

Not mandated by name in the Act/Rules

Retention & Deletion 4 Controls

COM-RET-01

Erasure on consent withdrawal or purpose fulfilment

🔍 Verification: Confirm personal data is erased once the Data Principal withdraws consent, or once it is reasonable to assume the specified purpose is no longer being served, unless retention is necessary for compliance with law (including sectoral record-retention directions - see industry-specific section).

Critical

Section 8(7)(a), 8(8), 8(11)

COM-RET-02

Cause processors to erase data in parallel

🔍 Verification: Confirm that when the organisation is required to erase personal data, it also causes each engaged Data Processor to erase the personal data made available to it for processing.

High

Section 8(7)(b)

COM-RET-04

Documented retention schedule reconciled with sectoral retention law

🔍 Verification: Confirm a retention schedule exists mapping each data category to a retention period justified by either ongoing purpose or a specific other-law requirement, reconciling any tension between DPDP erasure triggers and mandatory sectoral record-keeping periods (see industry-specific section), and that deletion (including from backups, where feasible) is actually carried out on schedule once permitted.

High

Section 8(7)

COM-RET-03

General minimum one-year data/log retention

🔍 Verification: Rule 8(3) requires a Data Fiduciary to retain personal data, associated traffic data and other processing logs for a minimum of one year for the purposes specified in the Seventh Schedule, after which they must be erased unless further retention is required by law. Confirm scope with counsel rather than assuming it does or does not apply.

Medium

Rule 8(3); Seventh Schedule

Schools - Industry-Specific 11 Controls

SCH-01

Verifiable parental consent as the default, not the exception

🔍 Verification: Confirm the admission process captures verifiable parental/guardian consent for the student's data processing as a standard, universal step (not an ad hoc exception), with due diligence that the consenting parent/guardian is an identifiable adult.

Critical

Section 9(1); Rule 10

SCH-02

Biometric attendance system data

🔍 Verification: Where fingerprint or facial-recognition attendance systems are used, confirm this is covered by specific parental consent distinct from general admission consent, that biometric templates are encrypted/secured to a high standard, and that a non-biometric alternative is available for students/parents who decline.

Critical

Rule 6(1)(a)-(b)

SCH-03

School-bus / transport GPS tracking

🔍 Verification: Where school transport is GPS-tracked (including any parent-facing live-tracking app), confirm parental notice/consent covers this specific tracking, that access to a child's real-time location is restricted to that child's own parent/guardian, and that historical location data has a defined retention period.

Critical

Sections 5, 6, 9

SCH-05

Learning Management System (LMS) and EdTech vendor data sharing

🔍 Verification: Confirm every third-party LMS/EdTech tool used by the school (including free tools adopted by individual teachers) is vetted, covered by a DPA addressing children's-data obligations (no behavioural tracking/targeted ads to the student), and disclosed to parents.

Critical

Section 8(2)

SCH-08

Student photos/results in yearbooks, newsletters and social media

🔍 Verification: Confirm separate, specific parental consent is obtained before publishing a student's photo, name, or exam results/achievements in a yearbook, newsletter, website, or the school's social media, distinct from general admission consent, and that consent can be withdrawn for future publications.

Critical

Sections 6, 9(3)

SCH-04

CCTV in classrooms and common areas

🔍 Verification: Where CCTV covers classrooms/common areas and footage is digitally stored, confirm notice to parents, a defined retention period, restricted access (not general staff viewing), and that footage is not used for behavioural monitoring/profiling of children beyond safety/security purposes.

High

Sections 3(c), 5, 8, 9

SCH-06

Discipline and counselling records

🔍 Verification: Confirm disciplinary and counselling records are access-restricted to relevant staff (class teacher, counsellor, principal) rather than broadly visible, and are not shared with other parents/students.

High

Rule 6(1)(b)

SCH-07

Health/medical information collected at admission

🔍 Verification: Confirm health information collected at admission (allergies, conditions, immunisation records) is disclosed in the notice, used only for student-safety/emergency purposes, and shared with school staff (e.g., sports teachers, canteen) only on a need-to-know basis.

High

Sections 5, 6, 7(f)

SCH-11

Fourth Schedule conditional exemption screening

🔍 Verification: As an educational institution, assess with counsel whether specific processing activities (e.g., certain safety-related monitoring) fall within the conditional exemptions available under Rule 12/the Fourth Schedule, rather than assuming a blanket exemption from the general Section 9 restrictions on children's data.

High

Rule 12; Fourth Schedule

SCH-09

Board/RTE reporting to CBSE, state boards and education authorities

🔍 Verification: Confirm student data reported to CBSE/state boards, UDISE+, or under RTE Act reporting obligations is documented as relying on Section 7(b)-(d) legitimate-use grounds (State function/benefit or statutory disclosure obligation) and reflected in the ROPA's third-party disclosure record.

Medium

Section 7(b)-(d)

SCH-10

Parent-teacher communication app data

🔍 Verification: Where a third-party parent-teacher communication/homework app is used, confirm it is covered by the vendor DPA in SCH-05 and that parents are notified of what student data (grades, attendance, behaviour notes) is visible through the app.

Medium

Sections 5, 6, 8(2)

Security Safeguards 7 Controls

COM-SEC-01

Data security measures (encryption/masking/tokenisation)

🔍 Verification: Confirm appropriate data security measures are in place, such as encryption, obfuscation, masking, or use of virtual tokens mapped to personal data, at a minimum - particularly for financial identifiers, government ID numbers and account/policy numbers.

Critical

Rule 6(1)(a)

COM-SEC-02

Access control to computer resources

🔍 Verification: Confirm appropriate measures control access to the computer resources used to process personal data (role-based access, least privilege, dual control for sensitive financial data, authentication).

Critical

Rule 6(1)(b)

COM-SEC-06

Documented technical and organisational measures generally

🔍 Verification: Confirm an overarching information-security programme documents the technical and organisational measures taken to ensure effective observance of the Act and Rules and prevent personal data breach.

Critical

Section 8(4)-(5); Rule 6(1)(g)

COM-SEC-03

Logging, monitoring and review for unauthorised access

🔍 Verification: Confirm appropriate logs, monitoring and review processes are in place to enable detection, investigation and remediation of unauthorised access.

High

Rule 6(1)(c)

COM-SEC-04

Backup and continuity measures

🔍 Verification: Confirm reasonable measures (e.g., data backups) exist for continued processing in the event confidentiality, integrity or availability of personal data is compromised through destruction or loss of access.

High

Rule 6(1)(d)

COM-SEC-05

Minimum one-year retention of security logs

🔍 Verification: Confirm logs and personal data relevant to detecting/investigating unauthorised access and supporting continued processing are retained for at least one year, unless another law requires otherwise.

Medium

Rule 6(1)(e)

COM-SEC-07

Vulnerability management, testing and employee security training

🔍 Verification: As best practice supporting the general security obligation (and typically also required under sector-regulator IT/cyber-security directions), run periodic vulnerability assessments/penetration testing and employee security-awareness training.

Medium

Not mandated by name in the Act/Rules

Significant Data Fiduciary Screening 4 Controls

COM-SDF-01

Monitor for Central Government SDF notification

🔍 Verification: No general list of Significant Data Fiduciaries has been notified as of the publication date of this checklist. Monitor Central Government notifications, which will designate specific Data Fiduciaries or classes based on volume/sensitivity of data processed, risk to Data Principal rights, potential impact on sovereignty/integrity, risk to electoral democracy, security of the State, and public order. Given the volume and sensitivity of financial data typically processed, financial-sector entities are a plausible category for future designation - do NOT self-classify as an SDF without a notification or documented legal assessment.

High

Section 10(1)

COM-SDF-02

If designated - appoint India-based DPO

🔍 Verification: If and when notified as an SDF, appoint a Data Protection Officer based in India, reporting to the Board of Directors or equivalent governing body, who acts as the point of contact for grievance redressal.

High

Section 10(2)(a)

COM-SDF-03

If designated - appoint an independent data auditor

🔍 Verification: If and when notified as an SDF, appoint an independent data auditor to evaluate compliance with the Act.

High

Section 10(2)(b)

COM-SDF-04

If designated - periodic DPIA, audit and algorithmic due diligence

🔍 Verification: If and when notified as an SDF, undertake a Data Protection Impact Assessment and audit at least once every 12 months, furnish a report of significant observations to the Board, and observe due diligence that algorithmic/technical measures (e.g., credit-scoring or fraud-detection models) do not pose a risk to Data Principal rights.

High

Section 10(2)(c); Rule 13(1)-(3)

Regulatory overlap: Schools and related compliance frameworks

DPDP Act + RTE Act + CBSE Guidelines + Child Safety Frameworks

Obligation	DPDP Act 2023	RTE / CBSE / Other	Practical resolution
Student personal data (under 18)	Section 9: verifiable parental/guardian consent required before any processing. No behavioural tracking or targeted advertising.	RTE Act 2009 does not address digital data processing. CBSE has issued general data privacy advisories.	Design a standalone parental consent form — separate from the admission form — that specifies each EdTech vendor, the data shared, and the purpose.
CCTV footage of students	Personal data of students captured on CCTV requires a lawful basis. Section 7(b) may apply for safety/security.	CBSE Circular 2022 mandates CCTV in examination rooms.	CCTV for examination integrity and campus safety is defensible under Section 7(b). Automated facial recognition requires explicit parental consent.
Cross-border data transfers (EdTech vendors)	Data transfers restricted to approved countries (Rules 2025, pending notification).	No specific RTE or CBSE restriction on cross-border data transfer.	Audit every EdTech vendor for where student data is stored. Require data residency in India or a confirmed approved jurisdiction.
Special educator / learning disability records	Health and disability data — Section 33(1) highest penalty tier applies to breaches.	Rights of Persons with Disabilities Act 2016 requires confidentiality.	Maintain a separate, access-controlled record set for CWSN — do not include disability data in general student record exports to vendors.

The vendor audit problem for schools

Most schools are signed up to 6–12 EdTech platforms — often selected by individual teachers without a formal data governance review. Under Section 8(2), the school is accountable for what each processor does. The compliance step most schools have not taken is a vendor data audit: list every vendor with access to student data, confirm where data is stored, obtain Data Processing Agreements, and terminate any vendor relationship where data is used for model training or advertising beyond the contracted use.

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