A data breach is one of the most legally and reputationally damaging events a business can face. Under the DPDP Act 2023, you have strict notification obligations — and the clock starts ticking the moment a breach occurs. We provide expert advisory for breach prevention, preparedness, and live incident response — protecting your business before, during, and after a breach.
The Digital Personal Data Protection Act 2023 imposes strict mandatory obligations on every Data Fiduciary when a personal data breach occurs. Failure to comply — even if the breach itself was accidental — attracts separate, additional penalties on top of any liability for the breach. Most businesses have no idea what these obligations are until it is too late.
Most businesses discover they have no breach response plan only when a breach actually happens. With a 72-hour notification deadline, improvising under pressure leads to missed deadlines, incomplete notifications, and additional penalties on top of the breach itself.
Notifying the Board late, notifying the wrong authority, or sending incomplete notifications triggers separate penalty proceedings. The notification itself must contain specific mandatory information — getting it wrong is a second violation.
Attempting to cover up or delay reporting a breach — hoping it won't be discovered — carries the maximum penalty under the DPDP Act and can expose individual directors and officers to personal liability.
After a breach, the Board may investigate and require evidence of your response. Without proper documentation of every step taken, you cannot demonstrate compliance — even if you did everything right — making defence nearly impossible.
We support your business at every stage — building resilience before a breach, guiding your response during one, and protecting you from regulatory and legal consequences after.
Custom written IRP — detection protocols, escalation chains, roles and responsibilities, notification checklists, and decision trees for every breach scenario.
Identification of your highest-risk data stores, access points, and vendor relationships — prioritising where a breach is most likely to occur and what would cause the most harm.
A live simulation exercise walking your team through a realistic breach scenario — testing your response, identifying gaps in your IRP, and building team confidence before a real incident.
Pre-drafted notification templates for the Data Protection Board and for affected users — ready to be completed and dispatched within hours of a breach, not drafted under panic.
24/7 emergency legal advisory from our advocates — guiding every decision from the moment you discover a breach, ensuring every action protects your legal position.
Rapid legal assessment of the breach scope — what data was affected, risk to individuals, notification thresholds, and whether the incident triggers mandatory reporting obligations.
Drafting and reviewing the mandatory notification to the Data Protection Board — ensuring it contains all required information, is accurate, and is submitted within the 72-hour window.
Drafting individual user breach notifications — with accurate information, appropriate tone, practical remedial advice for affected individuals, and legally protective language for your business.
If the Data Protection Board initiates an inquiry, we represent your organisation — preparing your response, compiling evidence of compliance actions, and advocating for proportionate remedies.
Comprehensive documentation of the entire incident and response — timeline, actions taken, notifications sent, remediation steps — creating the audit trail you need to defend against penalty proceedings.
Post-breach review to identify the root cause, implement fixes, and strengthen controls — demonstrating proactive remediation to the Board, which is a significant mitigating factor in penalty decisions.
Guidance on communicating with clients, partners, investors, and media about the breach — protecting your reputation and business relationships while staying within legal boundaries.
An incomplete notification is treated as a failure to notify. Every notification — to the Board and to affected users — must include all mandatory elements.
Precise description of what happened — unauthorised access, accidental disclosure, ransomware, insider threat — with known or estimated date and time of occurrence and discovery.
Categories of personal data affected (names, financial data, health records, etc.) and the approximate number of Data Principals whose data was compromised.
Assessment of likely harm to affected individuals — financial loss, identity theft risk, reputational damage, physical harm — and the severity of the risk posed by the breach.
Steps taken or proposed to address the breach — containment actions, system fixes, access revocations, and measures to prevent recurrence — demonstrating active remediation.
Name and contact information of the Grievance Officer or data protection point of contact — so the Board and affected individuals have a direct line for follow-up queries.
Practical steps affected individuals should take to protect themselves — changing passwords, monitoring bank accounts, placing fraud alerts — demonstrating your duty of care beyond just notification.
Engage us before any breach occurs. We conduct a breach risk assessment, draft your Incident Response Plan, create notification templates, and run a tabletop simulation. This is the most valuable investment — preparation costs a fraction of what a live breach response costs, and a documented IRP is a mitigating factor if a breach later occurs.
If you are currently experiencing a breach — call us immediately. We provide emergency legal advice within the hour, guide your response in real time, draft your Board notification before the 72-hour deadline, and manage all communications to affected users. Available 24/7 for live incidents.
If a breach has already occurred, engage us for regulatory defence, incident documentation, root cause remediation, and stakeholder communications. Even late engagement can significantly reduce penalty exposure by demonstrating good-faith remediation efforts to the Data Protection Board.
When a breach occurs, every minute matters. Our advocates are available 24/7 and respond to breach emergencies within one hour — guiding your first critical decisions before mistakes are made.
Breach response requires both legal and technical expertise simultaneously. Our team includes cyber law advocates and IT specialists — handling the legal and technical dimensions of your response together.
Deep knowledge of both the DPDP Act 2023 and IT Act 2000 breach provisions — ensuring your response satisfies all applicable Indian legal requirements simultaneously.
Every action we guide you to take is designed not just for compliance but to build the strongest possible case for penalty mitigation — demonstrating good faith, swift response, and proactive remediation.
All communications with our advocates regarding the breach are protected by legal professional privilege — meaning your candid disclosures to us cannot be compelled as evidence in regulatory proceedings.
For businesses with significant data exposure, we offer a breach response retainer — ensuring our team is on standby for your organisation with guaranteed response times and pre-negotiated rates.
The best time to build your breach response capability is before you need it. Engage us today to prepare your Incident Response Plan, train your team, and ensure you can meet your 72-hour notification obligation without panic.
For live breach emergencies — WhatsApp us immediately for the fastest response.