/Glossary · Defined term
gain
Defined in section 2(o) of the Act.
Act, section 2(o)
(o) “gain” means— (i) a gain in property or supply of services, whether temporary or permanent; or (ii) an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of legitimate remuneration;
The Digital Personal Data Protection Act defines the term "gain" to describe specific types of benefits or advantages. Under the Act, a gain happens when someone receives property or is supplied with services. The law makes it clear that this counts as a gain regardless of whether the property or service is kept permanently or only held temporarily. The definition also extends to financial and employment opportunities. It includes any opportunity to earn remuneration, which means pay or compensation, or to earn greater remuneration than before. Finally, the term covers any other financial advantage gained, specifically when it is obtained through means other than legitimate remuneration. This broad definition ensures that various forms of material and financial benefits are recognized under the law.
Key points
- A gain includes acquiring property or receiving services, whether for a short time or forever (Section 2(o)(i)).
- It covers the opportunity to earn pay or to increase existing pay (Section 2(o)(ii)).
- It also includes obtaining a financial advantage outside of legitimate compensation (Section 2(o)(ii)).
Common misreadings
- A gain does not have to be permanent; the text explicitly includes temporary gains in property or services.
- A gain is not limited to direct cash; it includes the supply of services and the mere opportunity to earn greater remuneration.
Interpretation prepared from the official text only, 9 September 2026. The official text above prevails.
/MYND · DPDP practice
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