Lesson 1.3: Who and what the law covers
The first question for any organisation is simple: does this law apply to us? This lesson gives you a clear test. This DPDPA 2023 course page explains who and what the law covers in plain language.
What you will learn about who and what the law covers
- Apply the three-part scope test
- Understand the extra-territorial reach
- Know what is excluded from the Act
The three-part test (who and what the law covers)
The Act applies when (1) there is personal data, (2) it is in digital form or was digitised, and (3) the processing happens in India, or happens outside India in connection with offering goods or services to people in India.
Key terms
| Term | Meaning in simple words |
|---|---|
| Personal data | Any data about an individual who can be identified by or in relation to that data |
| Digital personal data | Personal data collected in digital form, or collected offline and then digitised |
| Processing | Any operation on data, including collecting, storing, using, sharing, erasing |
| Data Principal | The individual the data is about |
| Data Fiduciary | Whoever decides why and how the data is processed |
Try it: does the Act apply (who and what the law covers)
Select a scenario to see the answer.
What is excluded
- Personal data processed by an individual for personal or domestic purposes
- Personal data that the Data Principal herself has made public, or that someone else made public under a legal obligation
- Non-digital data that is never digitised
Common mistakes (who and what the law covers)
- Assuming a small business is exempt. Size does not matter for the core duties, though the Rules allow the Government to exempt certain classes such as start-ups from some provisions.
- Thinking only customer data counts. Employee, vendor and visitor data count too.
- Ignoring offline data that later goes into a spreadsheet.
Activity (5 minutes)
List five types of people whose data your organisation holds (customers, staff, applicants, vendors, visitors). Mark each as digital or not.
Check your understanding of who and what the law covers
Q1. A clinic keeps a paper register that is never digitised. Is it covered?
Q2. A foreign website offers goods to people in India. Does the Act apply?
Q3. Does the Act cover data an individual keeps for purely personal use?
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.
