Written by Vanshika Rawat,
Lex Lumen Research Journal Summer Intern,
June 2026
India`s Legal job market had a watershed moment that went almost unnoticed by law students. In August 2023 Indian Legislature enacted the Digital Personal Data Protection Act[1]. It is the country`s first ever comprehensive law, draws heavily from global frameworks, particularly the European Union’s General Data Protection Regulation (GDPR) governing the terms of how organisations collect, store and use the personal data of its users[2].
While a large amount of commentary persists on what the Act permits and prohibits, far less exists on the creation of a new class of legal professional i.e. the Data Privacy Officer. The gap is what this blog aims to fill.
What the DPDP Act Actually Does
The DPDP Act brings a fundamental shift in the handling of personal data by solidifying the ownership of the Data Principal i.e. the individual who generates over the Data Fiduciary i.e the organisation which would have otherwise decided the manner of utilisation of the data[3]. Thus, the act governs the relationship between the data principal and fiduciary.
It truly is based on the concept of Consent, which originally was conditional, by instituting free, specific, informed and unconditional nature of consent as a norm[4]. Hence, the traditional practice of taking a bundled consent stating “by using this app, you agree to everything” — is no longer valid.
The penalties as a result of a breach by the fiduciaries can be easily upto Rs. 250 Crore[5]. This explains the struggle of every large organisation in India to build a compliance infrastructure in order to avoid such legal economic setback to their operations. Thus, requiring a lawyer.
Why the DPO Role Was Created
The role of DPO is mandated only for entities classified as Significant Data Fiduciaries i.e. organisations whose data processing activities carry elevated risk. This is mandated given the highly sensitive nature of the work to ensure compliance with the DPDP Act`s objectives. The reservation is due to the sheer volume of data handled, or the sensitivity of that data, or the potential impact on public order or democratic processes[6].
Think of it the way corporate law created the Company Secretary — a statutory compliance officer whose existence is legally required, not merely advisable. The DPO is the DPDP Act’s equivalent. Industries that will need DPOs in large numbers include banking and fintech, healthcare, e-commerce, IT companies, and edtech platforms[7].
What a Data Privacy Officer Actually Does
The nature of work undertaken by the DPO intersects in law, risk and institutional governance. Broadly, their role involves Compliance oversight, Breach response, Policy drafting, Data Protection Impact Assessments, Auditing, and Internal advisory[8]. These functions collectively place the DPO at the centre of an organisation’s data governance framework, requiring constant engagement with legal, technological, and operational aspects of data processing activities.
This essentially means that the officer is responsible to adhere to the Act’s requirement in the data processing practices carried out by the organization, including meeting the necessary standards laid out by the Act, drafting precise and legally sound privacy policies, consent notices, and internal compliance frameworks, and conducting DPIAs to identify and mitigate legal vulnerabilities before they become liability[9]. The officer must also ensure that personal data is processed in accordance with statutory obligations and organisational policies, while maintaining appropriate safeguards to protect the rights of data principals. This is followed by effective coordination with independent auditors to help maximise adherence to legal rules, reviewing internal procedures and compliance mechanisms, and advising the board, technology team, and business units on the legal permissibility of proposed data processing activities, data sharing arrangements, and emerging technological practices.
It’s basically a legal consultancy position. A DPO needs to be able to read and comprehend the provisions of the DPDP Act as well as know how they are applied in a specific organisation and data processing operations. It includes creating consent notices, privacy policies, and other documents required by law; as well identifying legal risks associated with collecting, storing, and using personal data. The officer provides the organisation with guidance on the actions needed to ensure compliance with the law, based on this assessment. It also involves staying up to date with regulatory updates, managing compliance as it happens and offering legal advice on data protection concerns encountered by various departments of the organisation. There’s also a rather varied career progression for this profession. A person can begin as a privacy counsel or associate in a DPO role and eventually move up to a senior role within the DPO[10]. With the increasing importance of data driven operations in organisations, the need for professionals with expertise in privacy and data protection is likely to grow substantially.
The Moment to Move Is Now
With DPDP Act recently coming into force, the rules are being notified and organisations are hence looking ahead to build their compliance team while the talent pool of lawyers who understand data privacy in depth is still thin.
Professionals interested shall begin with understanding the act and consider certifications like the CIPP[11] (Certified Information Privacy Professional) and workshops that address tech-law intersections. A few years down the line this could look like the present tax law professionals created due to introduction of GST. Thus, establishing the foundation for a new legal discipline. Now, the essential question ahead is simply whether you will be early to it, or whether you will spend the next decade watching others take the lead.
References
[1] The Digital Personal Data Protection Act, 2023, No. 22 of 2023, Gazette of India, Extraordinary, Aug. 11, 2023 (India).
[2] Understanding India’s New Data Protection Law, Carnegie Endowment for Int’l Peace (Oct. 2, 2023).
[3] The Digital Personal Data Protection Act, 2023, §§ 2, 6, 7, 8, Gazette of India, Extraordinary, Aug. 11, 2023 (India).
[4] The Digital Personal Data Protection Act, 2023, §§ 2, 6, 7, 8.
[5] The Digital Personal Data Protection Act, 2023, Schedule, Gazette of India, Extraordinary, Aug. 11, 2023 (India).
[6] The Digital Personal Data Protection Act, 2023, § 10(2)(a), Gazette of India, Extraordinary, Aug. 11, 2023 (India).
[7] The Digital Personal Data Protection Act, 2023, § 10(2), Gazette of India, Extraordinary, Aug. 11, 2023 (India).
[8] The Digital Personal Data Protection Act, 2023, §§ 8, 10.
[9] The Digital Personal Data Protection Act, 2023, § 10.
[10] HR Manager’s Guide to Data Privacy Officer Role in India, Law.asia (Jan. 14, 2024), https://law.asia/data-privacy-officer-role-india/.
[11] CIPP Certification, Int’l Ass’n of Privacy Professionals, https://iapp.org/certify/cipp.