{"id":398941,"date":"2026-10-15T17:30:47","date_gmt":"2026-10-15T12:00:47","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=398941"},"modified":"2026-10-15T17:19:19","modified_gmt":"2026-10-15T11:49:19","slug":"dpdp-removal-of-difficulties-order-2026","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2026\/10\/15\/dpdp-removal-of-difficulties-order-2026\/","title":{"rendered":"Centre issues Digital Personal Data Protection (Removal of Difficulties) Order, 2026 to clarify consent and audit provisions"},"content":{"rendered":"
\n

On 5 October 2026, the Ministry of Electronics and Information Technology (MeitY) notified the Digital Personal Data Protection (Removal of Difficulties) Order, 2026<\/span>, to remove drafting ambiguities relating to consent requirements and data audit obligations under the Digital Personal Data Protection Act, 2023<\/a> (DPDP Act).<\/p>\n

The Order came into effect on 6 October 2026.<\/p>\n

Key Highlights:<\/p>\n

    \n
  1. \n

    The Order has been issued under Section 43(1)<\/a> of the DPDP Act<\/a>, empowering the Central Government to remove difficulties arising in the implementation of the Act.<\/p>\n<\/li>\n

  2. \n

    The Order seeks to remove drafting and interpretational ambiguities in Sections 9 and 10<\/span> of the Act, providing greater clarity on consent requirements and data audit obligations applicable to Data Fiduciaries and Significant Data Fiduciaries.<\/p>\n<\/li>\n

  3. \n

    Section 9(1)<\/span> requires a Data Fiduciary to obtain verifiable consent before processing the personal data of a child or a person with disability who has a lawful guardian.<\/p>\n<\/li>\n

  4. \n

    To address the ambiguity in the provision, the Order substitutes the words “child or a person with disability”<\/span> with “child or of a person with disability”<\/span> in Section 9(1).<\/p>\n<\/li>\n

  5. \n

    The clarification reinforces that verifiable consent should be obtained before processing:<\/p>\n