Implementing 'Reasonable Security Safeguards' Under DPDPA: A Practical Guide

Summary: A practical guide for businesses on implementing 'Reasonable Security Safeguards' as mandated by India's DPDPA and detailed in Draft Rule 6. Ensure data protection and compliance.

In an era where data is a critical asset, its protection is paramount. India’s Digital Personal Data Protection Act, 2023 (DPDPA) places a significant emphasis on this, mandating that organisations implement “Reasonable Security Safeguards” (RSS) to protect personal data. Failure to do so can result in substantial penalties, making robust data security not just a best practice, but a legal imperative.

This guide provides a practical overview of what constitutes Reasonable Security Safeguards under the DPDPA, drawing insights from the Act and the Draft DPDP Rules, and offers actionable steps for businesses to ensure compliance.

At the heart of data security obligations under the DPDPA lies the requirement for every Data Fiduciary to:

“…protect personal data in its possession or under its control, including in respect of any processing undertaken by it or on its behalf by a Data Processor, by taking reasonable security safeguards to prevent personal data breach.”

This means the responsibility for safeguarding data is comprehensive. It covers data directly handled by the Data Fiduciary and data processed by third-party Data Processors on their behalf. The objective is clear: prevent personal data breaches through proactive security measures.

Delving Deeper: Draft DPDP Rules – The Specifics

While the DPDPA establishes the core principle, the Draft Digital Personal Data Protection Rules, 2025, offer more concrete (though still illustrative and not exhaustive) examples of what “Reasonable Security Safeguards” entail. These safeguards are designed to prevent unauthorised access, use, disclosure, alteration, or destruction of personal data. Key elements include:

  • Appropriate Data Security Measures: This involves technical safeguards such as:
    • Encryption: Rendering data unreadable without a decryption key, both in transit and at rest.
    • Obfuscation/Masking: Hiding or replacing sensitive data elements to reduce their exposure (e.g., showing only the last four digits of an account number).
    • Virtual Tokens: Using tokenisation to replace sensitive data with non-sensitive equivalents (tokens) for processing, limiting exposure of the actual data.
  • Measures to Control Access to Computer Resources: Implementing robust access control mechanisms to ensure that only authorised individuals can access personal data, often based on the principle of least privilege (granting only necessary access rights for a role).
  • Visibility on Accessing Personal Data:
    • Maintaining appropriate logs of access and processing activities.
    • Monitoring and regular review of these logs to enable the detection of unauthorised access.
    • Processes for investigation and remediation to prevent recurrence of such incidents.
  • Reasonable Measures for Continued Processing (Business Continuity & Disaster Recovery): Ensuring that systems can continue to operate, and data remains available, even if its confidentiality, integrity, or availability is compromised (e.g., through regular and tested data backups).
  • Detection, Investigation, Remediation, and Continued Processing After Compromise: This includes retaining logs and relevant personal data for at least one year (unless other laws mandate longer periods) to support post-breach analysis and remediation.
  • Appropriate Provision in Contracts with Data Processors: Data Fiduciaries must contractually obligate their Data Processors to implement equivalent reasonable security safeguards.
  • Appropriate Technical and Organisational Measures for Effective Observance: This is a broader category encompassing the overall framework of security governance, including well-defined security policies, employee training programmes, regular security audits, and incident response plans.

Practical Implementation: Building Your RSS Framework

Translating these legal requirements into a practical security framework involves several key steps:

  1. Conduct a Data Risk Assessment:

    • Understand the types of personal data you process (e.g., financial, health, general contact information).
    • Identify where this data is stored, how it flows through your systems, and who has access to it.
    • Assess the potential risks and impact of a data breach specific to your operations and the data you hold.
  2. Implement Technical Measures:

    • Access Controls: Enforce strong password policies, multi-factor authentication (MFA), and role-based access controls (RBAC).
    • Encryption: Encrypt sensitive data both at rest (in databases, storage) and in transit (over networks).
    • Network Security: Utilise firewalls, intrusion detection/prevention systems (IDS/IPS), and secure network configurations.
    • Endpoint Security: Secure all devices (laptops, mobiles, servers) that access personal data.
    • Vulnerability Management: Regularly scan for vulnerabilities and apply patches promptly.
    • Logging and Monitoring: Implement comprehensive logging of system and data access activities and monitor these logs for suspicious behaviour.
  3. Establish Organisational Measures:

    • Data Security Policies: Develop and enforce clear, comprehensive data security policies and procedures. This should include an Acceptable Use Policy, Data Handling Policy, and an Incident Response Plan.
    • Employee Training: Regularly train employees on data security best practices, their DPDPA obligations, and how to identify and report security incidents.
    • Data Minimisation: Collect and retain only the personal data that is strictly necessary for the specified purpose.
    • Vendor Management: Conduct due diligence on Data Processors and ensure contracts include robust data protection clauses and audit rights.
    • Incident Response Plan: Develop and regularly test a plan to effectively respond to and manage data breaches.
  4. Regular Review and Updates:

    • Security threats and technologies are constantly evolving. Regularly review and update your security safeguards to address new risks and maintain effectiveness.
    • Conduct periodic internal or external security audits to assess compliance and identify areas for improvement.

“Reasonable”: A Contextual Standard

It is crucial to understand that “reasonable” under the DPDPA is not a one-size-fits-all concept. The appropriateness of security safeguards will be assessed contextually, considering factors such as:

  • The nature, scope, and sensitivity of the personal data being processed.
  • The potential risk of harm to Data Principals in case of a breach.
  • The size and complexity of the Data Fiduciary’s operations.
  • The available technology and the cost of implementing specific safeguards.

Organisations must therefore make a considered judgement, documenting their rationale for the safeguards they implement.

Conclusion: Security as a Continuous Journey

Implementing Reasonable Security Safeguards is a foundational requirement under the DPDPA and a critical component of building trust with your Data Principals. It’s not merely a checklist of technical tools but an ongoing commitment to a comprehensive security posture that integrates people, processes, and technology. By proactively assessing risks, implementing robust technical and organisational measures, and regularly reviewing their effectiveness, businesses can significantly reduce the likelihood of data breaches and demonstrate their commitment to protecting personal data in India’s evolving digital landscape.


Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. The content is based on the Digital Personal Data Protection Act, 2023, and the Draft DPDP Rules, which are subject to change. For advice on specific legal issues, please consult a qualified legal professional.

Need Help with DPDPA Compliance?

Contact our team of experts for personalized guidance and implementation support.