The DPDP Act 2023 vs. IPR: Managing Data Privacy as IP in 2026
The full enforcement of the Digital Personal Data Protection (DPDP) Act 2023 has fundamentally changed how IPR firms manage proprietary datasets. In 2026, “Data as Intellectual Property” is only defensible if the data was collected with valid consent. If your AI training sets or customer databases contain non-consensual personal data, you risk not only heavy penalties under the DPDP Act but also the potential loss of copyright or trade secret protection for that dataset.
The Intersection of Privacy and Property
In our recent audits at DURRO IP, we’ve highlighted three critical 2026 intersections:
- Copyright Training: The DPIIT Working Paper (Dec 2025) suggests a “blanket license” for AI training, but this does not override DPDP privacy requirements for personal data.
- Trade Secrets: To protect a dataset as a trade secret in 2026, you must prove “reasonable steps” were taken to secure it. If your data handling violates DPDP norms, its status as a “legally protected” secret may be challenged.
- Intermediary Liability: Per the March 2024 MeitY advisory and 2026 Delhi HC rulings, platforms must now perform extreme due diligence on AI-generated content (like deepfakes) to avoid losing their safe harbor protection.