Lesson 4.3: The notice under Section 5 and Rule 3

Module 4 · Lesson 4.3 of 8 · About 30 minutes · The notice under Section 5

The notice comes before or along with the consent request. Learn what it must say. This DPDPA 2023 course page explains the notice under section 5 in plain language.

the notice under section 5 - DPDPA 2023 course lesson banner

What you will learn about the notice under section 5

List the contents of a notice
Understand the Rule 3 standard
Handle existing data collected before the Act

What a notice must contain (the notice under section 5)

Every request for consent must be accompanied or preceded by a notice that gives, in clear and plain language, an itemised description of the personal data and the specified purpose, how the principal can withdraw consent and exercise rights, and how to complain to the Board. Under Rule 3 the notice must stand on its own, be understandable independently of other information, and give a communication link for withdrawal and rights.

Notice parts

Select a numbered box to read more.

Tap or click a step to see exactly what to do.

Existing users (the notice under section 5)

Situation	What to do
Consent obtained before the Act	Give a notice as soon as reasonably practicable
Principal does not object	You may continue until she withdraws
Principal withdraws	Stop and erase

Worked example

A company sends all old customers a short email with the itemised data list, purposes, a withdrawal link and the Board complaint route.

Activity (5 minutes) (the notice under section 5)

Draft your notice in six bullet points before polishing it. For the full method see How to write a privacy notice.

Key takeaway: Itemised means specific items, not vague words like “information about you”.

Check your understanding of the notice under section 5

Q1. The notice must be given:

Q2. The notice should explain:

Q3. Old consents need:

← What valid consent looks like Writing a notice people understand →

Educational material for learning purposes, not legal advice. Check the official text of the DPDP Act, 2023, the DPDP Rules, 2025 and MeitY notifications for the latest position.

Official sources for the notice under section 5: Digital Personal Data Protection Rules, 2025 (MeitY, PDF) and DPDP Rules 2025, English text (PDF). Always check the latest official notifications.