Lesson 6.3: Exemptions under Section 17(1)
Some duties and rights do not apply in specific situations. Know them, and know how narrow they are. This DPDPA 2023 course page explains exemptions under section 17 1 in plain language.
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What you will learn about exemptions under section 17 1
- List the Section 17(1) exemptions
- Know which duties still apply
- Avoid over-claiming
What the exemptions switch off (exemptions under section 17 1)
In listed cases, the notice, consent, rights and transfer provisions do not apply, but the duty to keep data accurate and to keep reasonable security safeguards (Section 8(1) and 8(5)) continues in general.
Click each exemption
Select a numbered box to read more.
Foreign contract exemption (exemptions under section 17 1)
| Point | Meaning |
|---|---|
| Applies to | Data of people not in India |
| Condition | Under a contract with a foreign person |
| Effect | Many Chapter II and III duties do not apply |
| Still needed | Contract terms and security |
Worked example
An Indian BPO processes US customers’ data under a contract with a US company. Parts of the Act do not apply to that processing, but the BPO’s clients will still demand security.
Activity (5 minutes) (exemptions under section 17 1)
Check whether any of your processing could qualify. Write the reason in one line.
Check your understanding of exemptions under section 17 1
Q1. Judicial functions fall under:
Q2. Security duty during exemptions:
Q3. Foreign-contract exemption concerns data of:
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.