Legal Register
RULE-8 Tranche 3 (13 May 2027) — Core Operating Cliff
Status: scheduled, not yet operative
Rule 8: Class inactivity or any processing for r8(3)
Separate cessation of purpose use, retained-data restricted access and physical erasure; do not retain marketing access for statutory archive.
Regulated Actor: Data Fiduciary (processing itself or through processor)
Gazette Baseline: Lines 1142–1166
Subordinate Trigger
Class inactivity or any processing for r8(3)
Applies to: Data Fiduciary (processing itself or through processor)
Rule Prescriptions
Third Schedule class/purpose/period; 48-hour warning; separate minimum one-year personal/traffic/other-log retention from processing for Seventh Schedule purposes.
Exceptions & Provisos
Legal-retention exception; further retention under other law or Government notification in (3).
Official Gazette Text (Verbatim Rules Publication)
Ministry of Electronics and Information Technology, Digital Personal Data Protection Rules, 2025.
8. Time period for specified purpose to be deemed as no longer being served.—(1) A Data Fiduciary,
who is of such class and is processing personal data for such corresponding purposes as are specified in
Third Schedule, shall erase such personal data, unless its retention is necessary for compliance with any law
for the time being in force, or, for the corresponding time period specified in the Third Schedule, if the Data
Principal neither approaches such Data Fiduciary for the performance of the specified purpose nor exercises
her rights in relation to such processing.
(2) At least forty-eight hours before completion of the time period for erasure of personal data under this
rule, the Data Fiduciary shall inform the Data Principal that such personal data shall be erased upon
completion of such period, unless she logs into her user account or otherwise initiates contact with the Data
Fiduciary for the performance of the specified purpose or exercises her rights in relation to the processing
of such personal data.
(3) Without prejudice to sub-rules (1) and (2), a Data Fiduciary shall retain, in respect of any processing of
personal data undertaken by it or on its behalf by a Data Processor, such personal data, associated traffic
data and other logs of the processing for a minimum period of one year from the date of such processing,
for the purposes as specified in the Seventh Schedule, after which the Data Fiduciary shall cause such
personal data and logs to be erased, unless further retention is required for compliance with any other law
for the time being in force or notified by the Government.
Illustration.
Case 1: X, a Data Principal purchases an e-book on an e-book platform Y. Once delivery is
completed, the specified purpose of processing is served. The platform Y must retain the order details,
personal data, and logs of the processing (such as order confirmation, payment, and delivery events) for at
least one year from the date of the transaction, even if X deletes her account.
Case 2: X, a company engages a cloud service provider C as its Data Processor to host customer
records. X as the Data Fiduciary, is required to ensure that the C also retains the data and associated logs
for at least one year before erasure, unless any other applicable law requires a longer period.
Mapped Operational Controls (1)
Enterprise obligations in the Control Master Matrix implementing this subordinate rule.