Data protection

DPDP Act and influencer marketing: what brands must do with creator-campaign data

If a creator campaign collects or uses personal data, your brand is usually the data fiduciary under the Digital Personal Data Protection Act. The main duties start around May 2027, but the habits to build are the ones you can start now.

8 min readUpdated

Planning a campaign? Get a free creator shortlist and cost estimate in 48 hours.

Get a creator plan

In short

  • A brand that decides why and how personal data from a creator campaign is used, such as lead forms, giveaway entries or creator bank details, is the Data Fiduciary, and stays responsible even if an agency handles the data.
  • Consent must be free, specific, informed, unconditional and unambiguous, limited to the data needed, and asked with a notice available in English or an Eighth Schedule language.
  • The Act bars tracking, behavioural monitoring and targeted advertising directed at children, and needs verifiable parental consent. A child is anyone under 18.
  • The Rules were notified on 13 or 14 Nov 2025 and phase in, with main duties after 18 months, around May 2027. Maximum penalties run to ₹250 crore.
May 2027approximate start of the main data-fiduciary duties under the DPDP Rules, 18 months after notification (press reports)Source
₹250 croremaximum penalty under the Act's Schedule for failing to take reasonable security safeguardsSource
Under 18who counts as a child under the Act, with verifiable parental consent required before processing their dataSource

The Digital Personal Data Protection Act, 2023 applies to a creator campaign whenever the campaign collects or uses personal data of identifiable people in digital form: lead forms, giveaway entries, app sign-ups, partnership-ad audiences, and the PAN and bank details of the creators themselves. The brand that decides why and how that data is used is the "Data Fiduciary", and it is responsible for it even when an agency or a creator touches it.

Our guide to influencer contracts in India flags this in one clause. This post goes into what the Act and the 2025 Rules mean for how a campaign is designed, with a data-flow table, a playbook and sample clauses. For the wider channel, see our complete guide to influencer marketing in India.

Where the Act touches a creator campaign

Data flowWho decides the purposeLikely roleWhat to do
Lead form or landing page behind a creator's linkThe brandBrand is Data FiduciaryShow a notice, ask for consent, collect only needed fields
Giveaway or contest entries: names, phones, addressesThe brand, which runs or benefits from itBrand is Data FiduciaryUse the data only to run the giveaway, then delete
Discount-code and affiliate trackingThe brandBrand, for buyer dataGive creators sales counts, not buyer details
Creator onboarding: PAN, GSTIN, bank details, addressThe brand, or the agency for the brandBrand or agency, for creators' dataCollect the minimum for payment and tax, secure it, limit access
Audience insights shared by a creatorThe creator, which owns the accountAggregate screenshots are generally not personal data (our reading)Avoid exports with individual followers, comments or DMs
Faces and voices in UGC and event contentThe brand, for how it uses themBrand, for likeness dataGet consent, and take extra care with children
Retargeting or partnership-ad audiencesThe brand and the platformBrand, for the audiences it buildsNotice and consent; no targeting directed at children
Event or meetup RSVPsThe brandBrand is Data FiduciaryNotice at sign-up; delete after the event
Leads forwarded by creators through DMs or WhatsAppNobody, which is the problemUncontrolled copiesStop it. Use the brand's own form

Fiduciary and processor

The Act defines a Data Fiduciary as any person who alone or with others determines the purpose and means of processing personal data, and a Data Processor as a person who processes personal data on behalf of a fiduciary. It then says two things that matter for agencies and creators.

  • A Data Fiduciary is responsible for complying with the Act for any processing done by it or on its behalf by a Data Processor, irrespective of any agreement to the contrary (section 8(1)).
  • A fiduciary may engage a processor to process data for offering goods or services only under a valid contract (section 8(2)).

So if an agency runs your giveaway form, it is acting as your processor, and the contract between you must cover the data. If you ask a creator to collect entries by DM, the creator is in effect another processor, working outside your systems. The cleanest design is that creators never collect personal data: they point to the brand's own page, and the brand handles notice, consent and storage.

What the Act asks of a campaign

DutyWherePlain meaningCampaign effect
Lawful purposeSection 4Process personal data only with the person's consent, or for certain legitimate usesNo use beyond what you told them
NoticeSection 5At or before asking for consent, say what data, why, how to exercise rights and how to complainA notice on every landing page and form. Available in English or any Eighth Schedule language, which matters for regional campaigns
ConsentSection 6Free, specific, informed, unconditional and unambiguous, by a clear affirmative action, limited to the data needed for the stated purposeNo pre-ticked boxes. No bundling a newsletter with a giveaway
WithdrawalSection 6As easy to withdraw as to giveA working unsubscribe or deletion route
Burden of proofSection 6The fiduciary must prove notice was given and consent obtainedKeep timestamps and the notice version
Volunteered dataSection 7Data a person volunteers for a specified purpose can be used for that purpose unless they objectUse an entrant's address for the prize, not for marketing
AccuracySection 8Complete, accurate data where it drives decisions or is sharedDo not assemble lists from guesses
Security safeguardsSection 8Reasonable safeguards to prevent a breachPasswords, access control, no loose spreadsheets in chats
Breach noticeSection 8Tell the Board and each affected person, as prescribedKnow who tells whom, and how fast
ErasureSection 8Erase when consent is withdrawn or the purpose is no longer served, and make processors eraseDeletion dates in every contract
GrievancesSection 8Publish a contact and run a redress mechanismA named contact on every notice

Two exemptions are relevant. The Act does not apply to personal data processed by an individual for a personal or domestic purpose. It also does not apply to personal data made publicly available by the person it relates to. Our reading is that a creator's public handle, bio and follower count, which the creator chose to publish, are outside the Act. The PAN a creator emails you, the bank details on an invoice and a follower's DM are not public in that sense. We rate this reading Low confidence.

Children and creator campaigns

Section 9 requires verifiable consent of a parent or lawful guardian before processing a child's personal data, bars processing likely to harm a child's wellbeing, and bars tracking, behavioural monitoring and targeted advertising directed at children. The Act defines a child as anyone under 18. A PIB release of 25 March 2026, giving information from MeitY, repeats these safeguards and adds the right to withdraw consent and the duty to erase.

The Act lets the government prescribe exemptions for classes of fiduciaries and purposes. We have not read what the Rules prescribe, so do not assume one applies to you. In practice:

  • Giveaways. Make them 18+ and say so. If under-18s can enter, you need a way to get verifiable parental consent, and most brands should not build one for a giveaway.
  • Teen creators. A creator under 18 is a child under the Act, so their details and the contract need extra care, usually with a parent or guardian involved.
  • Targeting. Partnership ads and retargeting must not be directed at children. See our service page on creator ads and whitelisting.
  • Kids' categories. For toys, baby care, edtech and gaming, get legal advice before collecting any data. See our pages on parenting and baby, edtech and education and gaming and esports.

Timeline

ItemDateConfidence
DPDP Act, 2023Passed in 2023; commencement by notification, with different dates for different provisions (section 1(2))High
DPDP Rules 2025 notified13 or 14 Nov 2025 (sources differ by a day)Medium
Consent-manager registrationAfter one year, about Nov 2026Medium
Main data-fiduciary duties: notice, security safeguards, breach reporting, children's dataAfter 18 months, around 12 to 14 May 2027 per press reportsMedium
SPDI Rules 2011Stay in force in the meantimeMedium

Press sources differ on the exact dates, so use May 2027 as a planning date and check the notified schedule with your lawyer.

Penalties

Under the Act's Schedule, the Data Protection Board can impose the following maximum penalties after an inquiry.

BreachMaximum
Failure to take reasonable security safeguards (section 8(5))₹250 crore
Failure to notify a personal data breach (section 8(6))₹200 crore
Breach of the children's obligations (section 9)₹200 crore
Breach of significant data fiduciary duties (section 10)₹150 crore
Any other breach of the Act or Rules₹50 crore
Breach of a data principal's duties (section 15)₹10,000

These are ceilings, not typical outcomes. They show where the exposure sits: on the fiduciary, which for a creator campaign is the brand. An agency or creator contract cannot move that responsibility, so make sure they handle data the way you would.

A playbook for the next campaign

  1. Map the data. For each campaign, list what is collected, where it lives, who can see it and when it will be deleted. One page is enough.
  2. Collect less. Most campaigns need a name and a phone number or email at most. Drop every other field.
  3. Use one notice. Put the same notice on every form: what, why, how to withdraw, how to complain, in English or the campaign's language. Tick boxes should be unticked.
  4. Keep personal data away from creators. They get aggregated results. Tell them not to ask followers to DM details. Our performance influencer marketing work tracks sales through codes and links, so creators never need buyer data.
  5. Paper the agency and the creators. Cover purpose, instructions, security, deletion, breach notice and sub-processors.
  6. Set deletion dates. We suggest deleting giveaway entries within 30 days of prize dispatch. That figure is our suggestion, not a legal rule.
  7. Treat creator KYC as sensitive. Collect PAN, invoice and bank details only for payment and tax, restrict access, and delete when the tax record period allows. The Act allows retention where necessary for compliance with law.
  8. Plan for a breach. Decide who tells the Board and affected people, and how fast. We have not read the Rules' prescribed form.
  9. Gate children out. Design for adults unless you have legal advice.
  10. Review in early 2027, before the main duties start.

Sample clauses

These are illustrative drafting. Have a lawyer adapt them.

Creator data handling. The Creator shall not collect personal data from followers or customers for the Campaign, whether by direct message, form or comment, except through the Brand's own page. The Creator shall not request or retain any personal data supplied by the Brand.

Processor. The Agency shall process personal data collected for the Campaign only on the Brand's written instructions and for the purposes stated in the notice, apply reasonable security safeguards, tell the Brand of any breach without delay, and erase the data on the date the Brand specifies.

Usage rights for faces and voices are covered in our post on usage rights for influencer content. AI avatars and cloned voices raise their own questions, in AI-generated content rules for influencers and virtual influencers in India. Our ASCI guidelines explainer covers the labels. For app and sign-up campaigns, see influencer marketing for apps and startups. To have data handling built into a campaign plan, see how we work or send us a brief.

This is general information, not legal advice.

Sources

  1. The Digital Personal Data Protection Bill, 2023, as introduced (enacted as the DPDP Act, 2023): text of sections 2 to 10 and the Schedule, PRS Legislative Research (2023)
  2. DPDP Rules 2025 notified, with phased rollout, The Week (PTI) (14 Nov 2025)
  3. Government committed to fostering AI innovation and growth of digital platforms in a responsible and secure manner: DPDP Act safeguards for children (reply in Rajya Sabha, with information from MeitY), PIB, Ministry of Women and Child Development (25 Mar 2026)

Frequently asked questions

Does the DPDP Act apply to influencer marketing campaigns?

It applies to any campaign that collects or uses personal data of identifiable people in digital form, such as lead forms, giveaway entries, app sign-ups, creator KYC details and partnership-ad audiences. We found no source that ties the Act to influencer databases specifically, so this is our reading. See clause 13 of our influencer contract guide.

When do the DPDP duties start for brands?

The DPDP Rules 2025 were notified on 13 or 14 November 2025 and phase in. A few rules applied at once, consent-manager registration follows after one year, and the main data-fiduciary duties, including notice, security safeguards and breach reporting, follow after 18 months, which press reports put around 12 to 14 May 2027. The older SPDI Rules 2011 stay in force meanwhile.

Who is responsible for data collected in a creator's giveaway, the brand or the creator?

Usually the brand, if it decides why the data is collected and how it is used. The Act says a Data Fiduciary is responsible for processing done on its behalf by a Data Processor, whatever the agreement says, and may use a processor only under a valid contract. The simplest design is that creators never collect personal data. Send entrants to the brand's own page.

Can a brand share campaign leads with the creator?

Avoid it. Disclosing personal data is processing under the Act, and consent covers only the specified purpose in the notice. Give creators aggregated results such as sales and sign-up counts, not names and phone numbers. If a creator needs to follow up with a winner, have the brand do it.

Do creators' own details such as PAN and bank account count as personal data?

Yes. Personal data is any data about an identifiable individual, and a creator's PAN, bank details and address qualify. The brand or agency collecting them for payment should collect only what payment and tax need, secure them, limit access and delete them when no longer needed, subject to any law requiring retention. See TDS 194R and GST on influencer payments.

What does the DPDP Act say about children in creator campaigns?

It requires verifiable parental consent before processing a child's personal data, and bars tracking, behavioural monitoring and targeted advertising directed at children. A child is anyone under 18. Campaigns for toys, edtech, gaming or teen apps need legal review before any data is collected. Our page on parenting and baby influencer marketing covers the category.

What are the penalties under the DPDP Act?

The Act's Schedule sets maximum penalties: up to ₹250 crore for failing to take reasonable security safeguards, up to ₹200 crore for failing to report a breach or breaching the children's obligations, up to ₹150 crore for significant data fiduciary duties, and up to ₹50 crore for any other breach. The Data Protection Board imposes them after an inquiry.

Nitish Ranjan, Founder of Influencer Gully

Nitish leads Influencer Gully. His team has run 250+ campaigns for 100+ brands with creators across 200+ Indian cities.

Start a campaign

Tell us what you’re selling. We’ll show you who should sell it.

Share your product, budget and timeline. Within 48 hours you get a shortlist of vetted creators, a content plan and a cost estimate, free and without obligation.

  • A named strategist, not a ticket queue
  • Creators vetted for fake followers and brand safety
  • ASCI disclosure and contracts handled
  • Weekly reporting on reach, engagement and sales

Get a creator plan in 48 hours

We reply within 2 working hours and send a creator plan within 48 hours.

Or WhatsApp +91 97112 38245. No spam, no creator list sold.

WhatsApp Get a creator plan