The Data Protection Board of India, under Chapter V of the Digital Personal Data Protection Act, 2023, is bringing about a major shift in how regulations are enforced. Instead of just reviewing paperwork, the Board has strong investigative powers. Section 28 allows the Board to call witnesses, request documents, inspect data and systems, and impose costs if the complaint is false or frivolous. When looking into data breaches, complaints, or the actions of a Data Fiduciary, the Board does not accept simple explanations. It expects system-generated evidence such as audit trails, consent logs, breach notifications, records of retention compliance, and assessments of algorithmic impact. When looking into data breaches, complaints, or the actions of a Data Fiduciary, the Board does not accept simple explanations. It expects system-generated evidence such as audit trails, consent logs, breach notifications, records of retention compliance, and assessments of algorithmic impact. 

Organisations that equate compliance with maintaining spreadsheets, manual evidence, or point-in-time assessments are unprepared. During a Board inquiry, they may be unable to produce contemporaneous data processing logs, verify access to sensitive data, demonstrate verifiable consent, or prove secure data deletion in accordance with retention policies. The consequences of such unreadiness can lead to significant financial penalties. 

The Data Protection Board of India, created under Sections 18 of the DPDP Act, acts as a regulatory tribunal. The Chairperson and Members serve two-year terms and must have proven skills, integrity, and expertise in fields like data governance, law, digital economy, consumer protection or in any other field which in the opinion of the central government may be useful to the board. At least one Member must be a legal expert. The Board is designed so its members can understand regulations, review evidence carefully, and make decisions that hold up in court. Section 27 gives the Board wide powers to investigate in areas such as breach notifications, complaints from Data Principals, government or court referrals, Consent Manager breaches, and intermediary breaches. These powers let the Board issue binding orders and impose penalties under Section 33, up to ₹250 crore. 

Section 28 gives the Board the same investigative powers as a civil court under the Code of Civil Procedure, 1908. The Board can call people to testify under oath, require documents and records, accept evidence in person or by affidavit, order discovery and inspection, and ask for help from police and government officials. Organisations cannot hide evidence or claim confidentiality, since the Board can access all systems, logs, and records. Section 28(1) specify the board shall function as a digital office as defined under Section 2(m), and requires that proceedings are digital, techno‑legal workflows, enabling a verifiable record of proceedings and authenticated as set out in Rules 19 and 20, so there is a clear audit trail. All submissions, hearings, and orders should be digital by design. This setup helps with appeals, and organisations that provide up-to-date, system-generated evidence are in a better position to challenge Board decisions before the Appellate Tribunal under Section 29.  

Automating Evidence Collection: The GoTrust Approach 

A review of Chapter V of the DPDP Act, 2023, shows that manual compliance is labour-intensive. To maintain ongoing board-level compliance, organisations must automate evidence collection across their data landscape. GoTrust’s Compliance Automation Platform is designed to meet this need. 

Real Time Compliance Monitoring 

GoTrust enables continuous compliance monitoring throughout the organisation. Instead of relying on annual audits, compliance teams access real-time dashboards that provide up-to-date insights. 

1. Processing Activity Tracking: All data processing activities are logged automatically. The system records when data is collected, its source, purpose, access details, and the time of deletion. 

   
   

2. Consent Status: The system creates consent logs automatically whenever someone gives, changes, or withdraws consent. It also flags any expired or revoked consents that are still active, which could mean non-compliance. 

3. Data Subject Rights: Each DSR request (access, correction, erasure, grievance) is logged, including receipt and response dates, as well as the resolution. Organisations receive alerts as 90-day deadlines approach. 

   
   

4. Breach Detection: GoTrust works with security monitoring systems to spot breaches as they occur and automatically initiates the 72-hour notification process. 

   
   

5. Retention Compliance: GoTrust monitors data age and automatically flags records that exceed retention periods, triggering deletion workflows. 

   
   

Automated Evidence Collection 

Automating compliance makes it easier for the reporting and data collection team to collect and organise the evidence needed for Board review. GoTrust handles this evidence in five main compliance areas: 

1. Consent Records: When someone gives consent through a web form, mobile app, or email, GoTrust creates a timestamped log. The log shows the notice provided, the person’s agreement, and the legal reason for processing. These records are available for Board review immediately. 

   
   

2. Access Logs: GoTrust connects to systems such as databases, cloud storage, and email servers to track every access event. Each time personal data is accessed, the system records the user ID, time, data field, and reason. These logs cannot be changed once created. 

   
   

3. Breach Notification Records: If a breach is detected, GoTrust automatically records when it was found, the impact, who was notified, when they were notified, and what actions were taken. The system also tracks the 72-hour notification deadline. 

   
   

4. Retention and Deletion Proofs: GoTrust maintains a register of all data deletion activities. When personal data is deleted, the system records the deletion timestamp, the data subject's identification, the data categories deleted, and the secure deletion method. These proofs are presented to the Board on demand.  

   
   

5. Processing Activity Records (RoPA): GoTrust creates Records of Processing Activities by scanning data systems and recording what data is processed, who is responsible, why it is processed, and how long it is kept. The RoPA updates in real time to show the status. 

   
   

Audit Ready Reporting 

When the Board issues a data request, organizations utilizing GoTrust can generate comprehensive compliance reports immediately. The platform offers the following features: 

1. Executive Summaries: Present high-level compliance status, identify risk areas, and outline remediation actions. 

   
   

2. Detailed Logs: Provide granular records of all processing activities, which are accessible by time range, data type, or personnel. 

   
   

3. Trend Analysis: Track compliance metrics over time to identify areas of improvement or decline. 

   
   

4. Vendor Compliance Status: Supply evidence that third-party processors have been audited and remain compliant. 

   
   

5. DPIA and AIA Reports: Enable automated generation of Data Protection Impact Assessments and Algorithmic Impact Assessments. 

   
   

Risk Assessment and Gap Identification 

GoTrust’s AI risk assessment engine keeps a constant watch on your data, automatically spotting important compliance gaps throughout its lifecycle. It flags incomplete or non-compliant consent records, like those using blanket consent instead of specific choices, and checks access patterns to catch any unauthorized data use. The system also helps maintain data hygiene by finding information kept longer than allowed and points out any data subject requests that miss the 90-day response deadline. On top of that, the platform adds regulatory protection by detecting data transfers to non-notified jurisdictions and identifying internal systems that lack required data processor agreements. 

Upon identification of compliance gaps, GoTrust recommends specific corrective actions. This enables organisations to address deficiencies prior to Board awareness of non-compliance. Such a proactive strategy repositions the Board as a safeguard for only the most serious violations, rather than as a primary enforcement entity. 

Integration with Existing Systems 

GoTrust works with your existing infrastructure, including databases, cloud storage, email servers, and identity management systems, so you do not need to replace anything. The platform uses APIs and data connectors to automatically collect logs and activity records, making sure that gathering evidence does not interrupt your operations. 

Penalty Exposure and Risk Mitigation 

Organizations often make decisions as situations arise. To see why automating evidence compliance and being prepared for Board review matters, it helps to know what penalties the Board can impose. This understanding is key for effective compliance planning. 

Section 33 of the DPDP Act authorises the Board to impose penalties on Data Fiduciaries: 

1. For failure to maintain reasonable security safeguards (Section 8(5)): Up to ₹250 crore; 

   
   

2. For any breach in observing the obligation to give the Board or affected Data Principal notice of a personal data breach: Up to ₹200 crore; 

   
   

3. For failure to notify the Board of breaches or violations of children’s processing (Section 9): Up to ₹200 crore; 

   
   

4. For any breach in observance of additional obligations of a Significant Data Fiduciary under section 10: Up to ₹150 crore; 

   
   

5. For any breach in observance of the data principals’ duties under section 15: Up to ₹10,000; 

   
   

6. For any other violation of the Act or Rules: Up to ₹50 crore. 

   
   

Organizations that have automated systems ready for Board review are less likely to face penalties. They can quickly show evidence of security steps, breach notifications, and consent management when asked. On the other hand, organizations that cannot provide clear evidence or have incomplete records are at higher risk of penalties. The Board may see these gaps as attempts to hide non-compliance and could impose sanctions. 

Phased Implementation: A Practical Roadmap 

The notification dated 17.11.2025 announced the phased implementation of the DPDP Act and associated Rules. To facilitate organizational compliance and make the organisation Board-ready, the process may be structured into the following phases: 

Phase 1: Data Discovery and Mapping (Months 1-3): Initiate GoTrust’s automated data discovery to scan all systems, including databases, cloud storage, email, and document repositories. Identify the locations, categories, and volumes of personal data. Develop a comprehensive data map, which will serve as the foundation for all subsequent compliance activities. 

Phase 2: Consent and Processing Activity Records (Months 4-6): Implement GoTrust’s consent management and Records of Processing Activities (RoPA) generation. Ensure that all ongoing data processing activities are documented in system-generated RoPA. For legacy processing, reconstruct RoPA using available records. 

Phase 3: Access Control and Audit Logs (Months 7-9): Implement role-based access controls within data systems and enable comprehensive access logging. GoTrust integrates these logs into a central system, providing unified visibility across all data access points. 

Phase 4: Breach Detection and Notification Workflows (Months 10-12): Integrate GoTrust with security monitoring and log management tools. When breaches are detected, GoTrust automatically triggers the 72-hour notification workflow, documenting discovery, assessment, and notification.   

Phase 5: Retention, Deletion, and DPIA Automation (Months 13-18): Automate data retention schedules and secure deletion workflows. Implement the DPIA and AIA modules within GoTrust. For SDFs, automate annual audit scheduling and report generation.  

Phase 6: Continuous Monitoring and Real Time Compliance Dashboards (Months 19-24): Activate real time compliance dashboards. Compliance teams receive daily updates on compliance status. Issues are identified and remediated in real time, without waiting for audits. 

Challenges and Mitigation Strategies 

1. Legacy Systems and Data: Many organisations maintain heterogeneous technology stacks developed over several decades. Automating compliance across such diverse systems presents significant challenges. Priority should be given to systems containing sensitive personal data. Critical systems should be retrofitted with logging and monitoring capabilities. For legacy systems that are difficult to integrate, compensating controls such as manual logs with independent review should be maintained. 

   
   

2. Cost and Resource Constraints: Implementing compliance automation necessitates investment in technology, training, and personnel. Smaller organisations may encounter budgetary limitations. A phased implementation, as previously outlined, distributes costs over a 24-month period. Cost savings resulting from reduced manual documentation frequently offset technology expenditures within 18 months. 

   
   

3. Change Management: Automation alters workflows and reassigns responsibilities. Compliance officers who are accustomed to manual processes must adapt to system-generated evidence and real-time dashboards. Comprehensive training should be provided for compliance teams. Executive sponsorship is necessary to demonstrate that board readiness is a priority. Compliance metrics should be integrated into performance reviews for compliance personnel. 

   
   

4. Evolving Regulatory Guidance: The Data Protection Board will continue to develop its guidance on evidence standards and inquiry procedures. Organisations should subscribe to Board notifications and regulatory alerts. Engagement with privacy counsel is recommended to interpret emerging guidance. Compliance systems should be designed with flexibility to accommodate new requirements without necessitating complete redevelopment. 

Conclusion 

The Data Protection Board of India is reshaping how organisations handle privacy rules. With powers akin to those of a court, the Board can fine up to ₹250 crore and use digital-first methods. Now, organisations must show real-time, system-generated proof of compliance. Spreadsheets, manual attestations, or one-time checks are no longer sufficient. 

Getting ready for the Board is not a one-off job. It needs to be part of daily work. Organisations can do this by using automated tools to collect evidence, check compliance in real time, and prepare audit-ready reports. GoTrust’s Compliance Automation Platform helps by turning static documents into real proof. It creates consent logs when consent is given, collects access logs from data systems, sends breach notifications within 72 hours, enforces retention policies with secure deletion, and generates DPIA and AIA reports each year for SDFs. 

Being board-ready has clear business benefits. Organisations that prepare early are less likely to face significant penalties, can answer Board questions more quickly, and build greater trust with stakeholders. Delaying action increases the risk of regulatory trouble, financial losses, and reputational harm. To show real operational compliance, not just paperwork, automation should begin now. Staying board-ready starts today.