Law note · Bangladesh

Personal Data Protection Act, 2026, comprehensive regime and lawful basis

cite Personal Data Protection Act, 2026, Act No. 63 of 2026, ss.5, 8, 18 stage RECENT in force 10 months effective 2025-11-06 kind Comprehensive regime binds public and private bodies reviewed 2026-08-29

What it requires

  • An app that collects, uses, or discloses the personal data of an individual in Bangladesh, including a voiceprint, faceprint, or other biometric identifier, must have a lawful basis before processing, ordinarily the data principal's voluntary, specific, and revocable consent or one of the Act's enumerated legitimate-interest grounds, and must not retain the data beyond what its stated purpose requires.

When LexLint raises it

  • crawls_web
  • trains_models
  • generates_content
  • deploys_chatbot
  • automated_outreach
  • high_risk_decisions
  • processes_voice
  • processes_biometrics

What we found

Section 5 requires a Data Fiduciary to have a lawful basis before processing personal data: voluntary, specific, clear, revocable consent (s.5(2)), or one of seven enumerated legitimate-interest grounds without consent (contract performance, pre-contractual steps, legal-claims necessity, vital interests, employment/labor/social-security legal duties, the data principal's own voluntary public disclosure, or preventing harm from unreasonably withheld consent).

A Data Fiduciary determines purpose and means and remains liable for a Processor's processing (s.8). Section 18 bars retaining data beyond what the purpose requires, subject to a scientific, historical, statistical-research, or public-interest exception. In force since 6 November 2025, deemed retroactively by the Act's own commencement clause.

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