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Chapter I · Preliminary

Section 2: Definitions

Section 2 is the dictionary of the Act. The defined terms here, Data Fiduciary, Data Principal, personal data, processing and the rest, decide who carries which duty, so the whole Act reads through them.

Official text
Section 2Definitions
Chapter
Chapter I · Preliminary
Status
In force
Effective
13 November 2025
Applies to
Everyone (framework)
Official citation
DPDP Act, 2023, s.2
Reading time
5 min
Updated
August 2026

At a glance

Section 2 sets out the definitions used throughout the DPDP Act, 2023. The pivotal ones are Data Fiduciary (who decides why and how data is processed), Data Principal (the individual the data is about), Data Processor (who processes on a Fiduciary's behalf), personal data (any data about an identifiable individual) and processing (almost anything you can do with data). Getting these straight is the first step in any compliance plan. The definitions in Section 2 are already in force, having commenced on 13 November 2025.

Applies to Everyone (framework)Chapter Chapter IEffective In force (13 Nov 2025)Read time 6 min

Key takeaways

  • A Data Fiduciary is whoever decides the purpose and means of processing, this is usually your organisation.
  • A Data Principal is the individual the data is about; for a child it includes the parent or lawful guardian.
  • A Data Processor processes personal data on a Data Fiduciary's behalf, for example a cloud or payroll vendor.
  • Personal data is any data about an individual who is identifiable by or in relation to that data.
  • Processing is defined very broadly: collection, storage, use, sharing, erasure and almost everything in between.
  • The Act covers digital personal data, data in digital form, or non-digital data later digitised.

Who should read this

Read this before anything else in the Act. Every obligation is phrased in terms of these defined roles, so knowing whether you are a Data Fiduciary or a Data Processor for a given dataset tells you which duties land on you.

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In plain language

The Act works by assigning duties to named roles. The organisation that decides why and how personal data is processed is the Data Fiduciary, and it carries most of the obligations. The individual the data is about is the Data Principal. Anyone who processes data on the Fiduciary's behalf, such as a SaaS tool or an outsourced vendor, is a Data Processor.

Personal data is defined widely: any data about an individual who is identifiable by or in relation to it. Processing is defined even more widely, covering collection, recording, storage, use, sharing, disclosure, erasure and more, whether or not it is automated. In practice, almost anything you do with a person's data is processing.

One boundary matters: the Act is about digital personal data. It applies to data collected in digital form, and to data collected on paper that is later digitised. Purely offline, never-digitised records sit outside its scope. The full set of defined terms lives in our DPDP glossary.

The text of the law

Section 2: Definitions (selected)

Data Fiduciary means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data.

Data Principal means the individual to whom the personal data relates and where such individual is a child includes the parents or lawful guardian; and where such individual is a person with disability includes her lawful guardian.

Data Processor means any person who processes personal data on behalf of a Data Fiduciary.

Personal data means any data about an individual who is identifiable by or in relation to such data.

Processing means a wholly or partly automated operation or set of operations performed on digital personal data, and includes collection, recording, storage, use, sharing, disclosure, erasure and similar operations.

These are selected definitions, condensed for readability; Section 2 defines many more terms. Always confirm against the official Gazette text for authoritative language.

What this means for you

  • Work out, for each dataset, whether you are the Data Fiduciary or a Data Processor, the answer decides your duties.
  • Assume almost everything you do with personal data counts as processing under the Act.
  • Map where you hold personal data in digital form, that is what the Act reaches.
  • Use the defined terms consistently in your notice, contracts and internal policies.

Frequently asked questions

Am I a Data Fiduciary or a Data Processor?
You are the Data Fiduciary for data where you decide the purpose and means of processing, usually your own customer or employee data. You are a Data Processor when you process data purely on another organisation's instructions. You can be both, for different datasets.
What counts as personal data?
Any data about an individual who is identifiable by or in relation to that data. Names, emails, phone numbers, device identifiers and similar all qualify when they can be tied to a person.
Does the Act cover paper records?
The Act covers digital personal data. Paper records are covered only once they are digitised. Data collected digitally is covered from the start.
Where can I find every defined term?
Section 2 of the Act lists them all. We maintain a plain-language version in the DPDP glossary, with a page for each key term.

Sources

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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