Readiness assessment
SaaS & Technology · AI & ML · Foundation models

The DPDP Act for Foundation Models

Training and serving large models on personal data raises lawful-basis, purpose and cross-border questions the Act takes seriously, with no settled AI rule yet.

In short

There is no dedicated Indian AI statute yet, so foundation-model providers work under the DPDP Act general rules: personal data used to train or serve models needs a lawful basis, is bound by its original purpose. Large providers are likely SDF candidates once designation begins. Penalties reach ₹250 crore.

Core impacts

What changes for this niche, and the specific rule it turns on.

Lawful basis for training data

Personal data used to train models needs consent or a valid legitimate use, not mere availability on the web.

Purpose limitation

Data collected for one purpose cannot silently become training data for another without a fresh basis.

Minimize and de-identify

Prefer anonymised or synthetic data; strip identifiers you do not need.

Access, not explanation

Individuals can get a summary of their personal data and processing under Section 11; the Act creates no standalone right to a model's logic. SDF designation would add algorithmic due-diligence duties.

Cross-border training

The DPDP cross-border default is permissive, but design for a future Section 16 restriction or an SDF localisation direction.

Common questions

Short, cite-able answers, mirrored in FAQPage schema.

Is there an AI-specific law in India for foundation models?
Not yet. Foundation models are governed by the DPDP Act general rules, plus sectoral rules where they apply.
Can we train a model on personal data scraped from the web?
Not on availability alone. Training on personal data needs a lawful basis under the Act, and purpose limitation still applies.
Are AI providers Significant Data Fiduciaries?
Not automatically. Large AI providers are likely candidates, but SDF status requires a Government notification under Section 10, which has not yet been issued.

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