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DPDP Act 2023: what pen testing actually looks like under India's new privacy law

B9ITS VAPT Practice 16 Feb 2026 10 min read Intermediate

India's Digital Personal Data Protection Act, 2023 doesn't say "do a pen test". Section 8 — the data fiduciary's obligations — says "reasonable security safeguards". The draft DPDP Rules (2025) operationalise this. Once notified, the regulator's Data Auditor profession will be the enforcement vehicle. Here is how that translates to a pen testing requirement.

Section 8 — what the Act actually says

A data fiduciary must implement appropriate technical and organisational measures to ensure compliance, and protect personal data by taking reasonable security safeguards to prevent personal data breach. Breach-notification timelines are tight — to the Data Protection Board and to affected data principals.

"Reasonable security safeguards" is the operative phrase. It is deliberately not defined as a checklist — but the Data Auditor regulations and any future Data Protection Board guidance will fill that in.

What "reasonable" looks like in practice

Across all regulators globally — GDPR Art 32, US state laws, RBI CSF, ISO 27001 — "reasonable security" has converged on a common minimum:

In a post-breach DPDP inquiry, "we did annual VAPT and remediated findings" is the artifact a Data Auditor will look for. Its absence is the indicator of unreasonable security.

Specific technical interpretations

  1. Personal-data-handling endpoints must be in scope. Login, signup, KYC, profile, search, export, deletion — all the flows where personal data enters or leaves your system.
  2. Significant data fiduciaries (the higher-obligation tier defined under Section 10) have stricter DPIA and audit requirements — annual VAPT becomes table stakes, with explicit findings traceability.
  3. Cross-border transfers need security attestation; a VAPT report on the transfer mechanism is the most defensible artifact.
  4. Erasure (Section 12 — right to erasure) must actually work — including in backups, replicas, log archives. A pen test should verify deletion across all stores.
  5. Children's data — verifiable parental consent and age-gating flows must be testable for bypass.

The Data Auditor angle

The draft Rules envisage Data Auditors as a registered profession that audits compliance. A VAPT report that maps findings to DPDP obligations becomes the primary evidence packet the Data Auditor relies on. Vendors that already produce ISO 27001-mapped VAPT reports can extend the same format to DPDP with minimal additional work.

Breach-notification preparedness

DPDP breach-notification is fast. A pen test should not only find the bug but also exercise your detection-and-response. We optionally include a "table-top breach simulation" as part of larger engagements — useful exactly for DPDP readiness.

Action item for Indian businesses today

Do an annual VAPT covering all personal-data-handling endpoints, keep the report mapped to "reasonable security" framework controls, and verify erasure as part of the test plan. That posture answers ~80% of the technical-safeguards questions a Data Auditor will raise.

To scope a DPDP-aware engagement, see web app VAPT or API security testing.

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BERRY9 IT SERVICES — VAPT Practice

Hyderabad-based ISO 27001 + 9001 certified offensive-security team. Since 2015 we have run 500+ engagements for 100+ clients across pharma, BFSI, healthcare, VFX, and enterprise SaaS. Every engagement includes a free retest.