--- title: "DPDP Act 2023: Government Issues Removal of Difficulties Order 2026 Clarifying Consent and Data Audit Requirements" date: 2026-10-08 author: "Dhruv Kaushal" url: https://ksandk.com/data-protection-and-data-privacy/dpdp-removal-of-difficulties-order-2026/ --- The Ministry of Electronics and Information Technology (“MeitY”) has issued the Digital Personal Data Protection (Removal of Difficulties) Order, 2026 (“Order”) under Section 43(1) of the [Digital Personal Data Protection Act, 2023](https://ksandk.com/data-protection-and-data-privacy/dpdp-act-2023-scope-objectives-constitutional-roots/) (“DPDP Act”). The Order was issued on 5 October 2026 and takes effect from the date of its publication in the Official Gazette. It resolves two textual ambiguities in the DPDP Act: [consent for processing the personal data of persons with disabilities](https://ksandk.com/data-protection-and-data-privacy/consent-under-dpdp-act-2023-compliance-strategies/), and the data audit requirement for Significant Data Fiduciaries. ### Are you a Significant Data Fiduciary? Answer 25 questions to see your DPDPA risk level and whether the DPO obligation applies to you — free, instant, with a branded PDF. [Check your compliance score →](https://ksandk.com/privacy-review/scorecard) ## Key Changes ### 1. Consent for persons with disabilities Section 9(1) of the DPDP Act requires a Data Fiduciary to obtain the [verifiable consent of the parent or lawful guardian](https://ksandk.com/data-protection-and-data-privacy/child-data-protection-under-dpdp-act-parental-consent-rules/), as applicable, before processing the personal data of a child or of a person with a disability who has a lawful guardian. The Order changes the wording from “child or a person with disability” to “child or of a person with disability”. The change is editorial. It makes clear that the provision applies independently to both categories: children, and persons with disabilities who have a lawful guardian. ### 2. Audit obligations for Significant Data Fiduciaries Section 10 of the DPDP Act sets out the [obligations of Significant Data Fiduciaries](https://ksandk.com/data-protection-and-data-privacy/dpdp-act-2023-rules-for-significant-data-fiduciaries/) (“SDFs”), including audit requirements. The Order amends Section 10(2)(c)(ii) by replacing the word “audit” with “data audit”. Section 10 uses the word “audit” in more than one provision, which left room for differing readings. The Government has stated that these references are meant to cover a “data protection audit” or “data audit”, so that SDF compliance obligations are read and applied consistently. ## What does this mean for businesses? The Order clarifies the text of the DPDP Act and does not add substantive obligations. The Government states that the changes address difficulties that are textual and editorial in nature, and correct anomalies in line with the legislative intent of the Act. The SDF clarification still matters for compliance planning. Organisations that are, or may be, classified as Significant Data Fiduciaries should make sure their [compliance plans](https://ksandk.com/data-protection-and-data-privacy/dpdp-act-rules-2026-compliance-deadline/) cover the data audit requirement under Section 10. ## Key Takeaway The Order creates no new compliance regime. It removes two drafting ambiguities in the DPDP Act: it confirms that the consent requirement covers persons with disabilities who have a lawful guardian, and it identifies the relevant SDF obligation as a “data audit”. Businesses should factor both clarifications into their [DPDP compliance assessments](https://ksandk.com/practice-areas/information-technology-law-firm-in-india/data-privacy/), particularly for SDF governance, audit readiness and accountability frameworks. King Stubb & Kasiva will continue to track developments under the DPDP Act and its rules and will share updates as the framework evolves. *Source: Digital Personal Data Protection (Removal of Difficulties) Order, 2026, Ministry of Electronics and Information Technology, Government of India.* ### Explore KSK Data Privacy Hub Free compliance tools and expert guidance covering 75+ jurisdictions. 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