Readiness assessment
The Act
The DPDP Act, explainedThe DPDP Rules 2025

Ch IPreliminary

S.1 Short title and commencementS.2 DefinitionsS.3 Application and scope

Ch IIObligations of Data Fiduciary

S.4 Grounds for processingS.5 NoticeS.6 ConsentS.7 Certain legitimate usesS.8 Data Fiduciary obligationsS.9 Children’s dataS.10 Significant Data Fiduciary

Ch IIIRights and duties of Data Principal

S.11 Right to accessS.12 Correction and erasureS.13 Grievance redressalS.14 Right to nominateS.15 Duties of the Data Principal

Ch IVSpecial provisions

S.16 Transfer outside IndiaS.17 Exemptions

Ch VData Protection Board of India

S.18 Establishment of the BoardS.19 Composition of the BoardS.20 Salary and term of officeS.21 DisqualificationsS.22 Resignation and vacanciesS.23 Proceedings of the BoardS.24 Officers and employeesS.25 Members as public servantsS.26 Powers of the Chairperson

Ch VIBoard powers and procedure

S.27 Powers and functions of the BoardS.28 Procedure followed by the Board

Ch VIIAppeal and dispute resolution

S.29 Appeal to the Appellate TribunalS.30 Tribunal orders as a decreeS.31 Alternate dispute resolutionS.32 Voluntary undertaking

Ch VIIIPenalties

S.33 Penalties and the ScheduleS.34 Penalties to Consolidated Fund

Ch IXMiscellaneous

S.35 Good-faith protectionS.36 Power to call for informationS.37 Blocking of accessS.38 Consistency with other lawsS.39 Bar of jurisdictionS.40 Power to make rulesS.41 Laying of rules before ParliamentS.42 Power to amend the ScheduleS.43 Power to remove difficultiesS.44 Amendments to other Acts
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Readiness assessment

Role

Data Fiduciary

A Data Fiduciary is any person or organisation that decides why and how personal data is processed. It carries the Act's primary responsibilities.

Defined inSection 2(i)
CategoryPeople & Roles
Applies toAny organisation that decides why and how data is processed

TL;DR

A Data Fiduciary (Section 2(i)) is any person or organisation that decides why and how personal data is processed, and it carries the Act's primary obligations. The role stays with you even when a Data Processor handles the data, because Section 8(1) makes that responsibility non-delegable.

What Does the DPDP Act Say About Data Fiduciaries?

DPDP Act 2023, Section 2(i)

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

What is a Data Fiduciary in Simple Words?

The Data Fiduciary is the decision-maker. If your organisation determines the purpose and the means, you are a Data Fiduciary, and most obligations fall on you.

This holds whether you decide alone or with others. The role stays with you even when a Data Processor handles the data: Section 8(1) makes that responsibility non-delegable.

Data Fiduciary: Example

A bank that decides to collect KYC details to open accounts is the Data Fiduciary. A vendor it hires to verify them is a Data Processor.

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See how this term differs from the ones people most often confuse it with.

Data Fiduciary vs Data Processor →Data Fiduciary vs Significant Data Fiduciary →

Related terms

Related sections of the Act

Related Rules

Data Fiduciary: Frequently Asked Questions

Is a Data Fiduciary always a company?

No. Any person, including an individual, firm or the State, is a Data Fiduciary if it determines the purpose and means.

Does using a vendor remove my obligations?

No. Under Section 8(1) the fiduciary stays responsible, including for processing done on its behalf.

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