Lesson 7.3: Retention and erasure: Rule 8 and the Third Schedule
Do not keep data longer than you need. Some large platforms have a fixed clock. This DPDPA 2023 course page explains rule 8 and the third schedule in plain language.
What you will learn about rule 8 and the third schedule
- Set retention periods
- Apply the Third Schedule
- Give the 48-hour warning
The rule (rule 8 and the third schedule)
Erase personal data when the purpose is no longer served or consent is withdrawn, unless law requires retention. For specified large classes, the Third Schedule sets a time limit. E-commerce entities with at least 2 crore registered users in India, online gaming intermediaries with at least 50 lakh users, and social media intermediaries with at least 2 crore users must erase after three years from the principal last approaching them or the Rules commencing, whichever is later, with at least 48 hours’ prior notice. Traffic data and logs must be kept for at least one year.
Retention clock for a Third Schedule entity
Select a numbered box to read more.
Setting your own periods (rule 8 and the third schedule)
| Data | Suggested approach |
|---|---|
| Customer orders | Legal period for tax, then delete |
| Marketing data | Until consent withdrawn |
| Rejected CVs | Delete soon after hiring |
| Support tickets | Fixed period after closing |
Worked example
A small firm sets 7 years for invoices because of tax law and 6 months for rejected CVs. Both are recorded in a schedule.
Activity (5 minutes) (rule 8 and the third schedule)
Use the checker in How to set retention and erasure and write your schedule.
Check your understanding of rule 8 and the third schedule
Q1. Third Schedule retention period after last approach:
Q2. Warning before erasure:
Q3. Logs must be kept at least:
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.
