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Chapter VII · Appeal and Alternate Dispute Resolution

Section 29: Appeal to the Appellate Tribunal

Section 29 is the appeal route: any person aggrieved by a Board order or direction can appeal to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) within 60 days, though filing an appeal does not by itself pause the order.

Official text
Section 29Appeal to Tribunal
Chapter
Chapter VII · Appeal and ADR
Status
Enacted · phased commencement
Full compliance
13 May 2027
Applies to
Any aggrieved person
Official citation
DPDP Act, 2023, s.29
Reading time
7 min
Updated
August 2026

At a glance

Section 29 gives any person aggrieved by an order or direction of the Data Protection Board a right of appeal to the Appellate Tribunal, which for DPDP purposes is the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) [29(1)]. The appeal must be filed within 60 days of receiving the order, in the prescribed form and with the prescribed fee [29(2)], though the Tribunal may admit a late appeal for sufficient cause [29(3)]. After hearing the parties, the Tribunal may confirm, modify or set aside the Board's order [29(4)], and must copy its order to the Board and the parties [29(5)]. It is to dispose of the appeal within six months where possible, recording reasons if it cannot [29(6)-(7)]. TRAI Act sections 14A and 16 are preserved and a further appeal follows TRAI Act section 18 [29(8)-(9)], and the Tribunal runs as a digital-by-design office [29(10)]. Section 29 takes effect on 13 May 2027. Note that the Act does not say filing an appeal automatically stays the Board's order or penalty.

Applies to Any aggrieved personChapter Chapter VIIEffective 13 May 2027Read time 7 min

Key takeaways

  • Section 29 is the appeal route from a Board order or direction to the Appellate Tribunal, which is TDSAT [29(1)].
  • The right is for any person aggrieved, not just Data Fiduciaries: a Data Principal, Consent Manager or intermediary can appeal too.
  • The deadline is 60 days from receipt of the order [29(2)]; the Tribunal may admit a late appeal only for sufficient cause [29(3)], so treat 60 days as hard.
  • The Tribunal can confirm, modify or set aside the Board's order after hearing the parties [29(4)], and should decide within six months where possible [29(6)].
  • Filing an appeal does not automatically pause the Board's order or penalty: the Act is silent on an automatic stay, so seek express interim relief if you need it.
  • Tribunal orders are executable as a civil-court decree under Section 30, and a further appeal follows Section 18 of the TRAI Act [29(9)].

Who should read this

Read this if you may need to challenge a Board penalty or direction: it sets the forum (TDSAT), the 60-day clock, and the trap that filing alone may not pause what you are appealing.

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In plain language

Section 29 is your right of appeal. If the Board penalises you under Section 33, issues a binding direction under Section 27(2), or makes an adverse finding after a Section 28 inquiry, you can take it to the Appellate Tribunal. For DPDP, that Tribunal is TDSAT, the same body that hears telecom disputes.

The clock is tight: 60 days from the day you receive the order. The Tribunal can accept a late appeal, but only if you show sufficient cause, so it is safer to treat 60 days as a hard deadline. The Tribunal then hears both sides and can confirm, modify or set aside the Board's decision.

One trap to plan around: the Act does not say that filing an appeal automatically pauses the Board's order. If you are appealing a penalty or a direction, assume you must keep complying unless and until you obtain an express stay or modification.

The text of the law

Section 29: Appeal to the Appellate Tribunal

29(1) Any person aggrieved by an order or direction of the Board may appeal to the Appellate Tribunal (the Telecom Disputes Settlement and Appellate Tribunal, TDSAT).

29(2) The appeal must be filed within sixty days of receiving the order or direction, in the prescribed form and manner and with the prescribed fee.

29(3) The Tribunal may admit an appeal filed after sixty days if satisfied there was sufficient cause for the delay.

29(4) After giving the parties an opportunity of being heard, the Tribunal may pass such orders as it thinks fit, confirming, modifying or setting aside the order appealed against.

29(5) The Tribunal sends a copy of every order to the Board and to the parties.

29(6)-(7) The Tribunal deals with the appeal expeditiously, endeavouring to dispose of it within six months of presentation, and records reasons in writing if it cannot.

29(8)-(9) Without prejudice to sections 14A and 16 of the TRAI Act 1997, the Tribunal follows the prescribed procedure; a further appeal against a Tribunal order is governed by section 18 of that Act.

29(10) For DPDP appeals the Tribunal functions, as far as practicable, as a digital office, with receipt of the appeal, hearing and pronouncement of decisions being digital by design.

Wording summarised from the enacted Act. Always confirm against the official Gazette text for authoritative language.

What this means for you

  • Diarise the 60-day clock from the receipt date, not the order date, and treat it as immovable: the sufficient-cause exception is discretionary, not a routine extension.
  • Preserve the whole record the moment an order lands: the Board notice, inquiry file, your submissions, hearing records, evidence, the direction or penalty order, and your internal decision trail.
  • Do not assume filing pauses anything: if you are appealing a direction or penalty, take legal advice on seeking an express stay, interim relief or modification, and keep complying meanwhile.
  • Keep remediating while the appeal is pending: stopping corrective action because an appeal is planned can add fresh non-compliance risk.
  • Plan for the downstream: a TDSAT order is enforceable as a civil-court decree, and any further appeal runs under the TRAI Act. Not sure a Board order would hold up against you? Take the readiness assessment or find a specialist.

Frequently asked questions

Who can appeal a Board order?
Any person aggrieved by a Board order or direction: a Data Fiduciary, Consent Manager, Data Principal or intermediary, depending on the case.
Which body hears DPDP appeals?
The Appellate Tribunal, which for DPDP purposes is the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), defined in Section 2(a) of the Act.
When does the 60-day clock start?
On the date you receive the Board's order or direction, not the date the order was made.
Does filing an appeal pause a Board penalty or direction?
No automatic stay is stated in Section 29. Seek express interim relief if you need the order paused, and keep complying until you get it.
Do our executives have to travel for the hearing?
Not necessarily. Under the DPDP Rules 2025 the appeal is filed digitally and the Tribunal can run as a digital office, while keeping its power to summon and examine on oath.

Sources

Related sections
Section 28: Procedure Followed by BoardSection 27: Powers and functions of BoardAppellate Tribunal (glossary)Chapter VII overview

This is an educational explanation, not legal advice. dpdpactindia.in is an independent resource and is not affiliated with the Government of India.

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