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Section 8

Duties of data fiduciaries in India

Most of the Act's obligations fall on the Data Fiduciary. This checklist maps each duty to its section or rule and to the TruePrivacy feature that supports it.

Updated 4 Nov 2026 · 4 min read

Short answer

A Data Fiduciary is responsible for processing done by it or by a Data Processor on its behalf (s.8(1)). Its core duties are notice (s.5, Rule 3), valid consent (s.6), accuracy (s.8(3)), reasonable security safeguards (s.8(5), Rule 6), breach intimation (s.8(6), Rule 7), erasure (s.8(7)), published contact details (s.8(9), Rule 9) and grievance redressal (s.8(10)). Core obligations begin on 13 May 2027 (Rule 1).

The duty checklist

DutyWhere it comes fromTruePrivacy support
Process only with consent or for a legitimate uses.4, s.6, s.7Consent management
Give a notice with each consent requests.5, Rule 3Notices
Prove notice and consents.6(10)Consent records and receipts
Stop processing after withdrawal, and make processors stops.6(6)Consent event log
Engage processors only under a valid contracts.8(2)Vendors and processors
Keep data complete and accurate when used for decisions or discloseds.8(3)Correction requests
Technical and organisational measuress.8(4)Policies, workflows and audit trail
Reasonable security safeguardss.8(5), Rule 6Data security posture
Intimate breaches to the Board and each affected Data Principals.8(6), Rule 7Breach management
Erase when consent is withdrawn or the purpose endss.8(7), Rule 8Retention and erasure
Publish the contact of the DPO or responsible persons.8(9), Rule 9Your own notice text
Act on access, correction, erasure and nominations.11 to s.14, Rule 14Data Principal rights
Effective grievance redressals.8(10), Rule 14(3)Grievance redressal
Verifiable consent for children and guardianss.9, Rules 10 to 12Children's data
Extra duties if designated an SDFs.10, Rule 13SDF workspace

Security safeguards under Rule 6

Section 8(5) requires reasonable security safeguards to prevent a personal data breach. Rule 6 sets the minimum:

  • encryption, obfuscation, masking or virtual tokens;
  • access control;
  • visibility of access through logs, monitoring and review;
  • backups and continuity measures;
  • keeping logs and personal data for one year, unless another law requires otherwise, to detect and investigate unauthorised access;
  • security terms in contracts with Data Processors; and
  • technical and organisational measures to enforce these.

Processors remain your responsibility

The fiduciary is responsible for processing done on its behalf by a Data Processor (s.8(1)), and may engage one only under a valid contract (s.8(2)). Rule 6 adds that contracts with processors must include security terms.

When consent is withdrawn, processors must stop processing (s.6(6)). When erasure is due, processors must erase too (s.8(7)). See processor contracts for the clauses to cover.

Contact details and grievances

Every fiduciary publishes on its website or app the business contact of its DPO, if it is a Significant Data Fiduciary, or of a person who can answer questions about processing, and mentions it in every response to a Data Principal (s.8(9), Rule 9).

It must also run effective grievance redressal (s.8(10)), with a published grievance response period of no more than 90 days (Rule 14(3)).

Breach, retention and log duties

On becoming aware of a personal data breach, the fiduciary intimates each affected Data Principal and the Board without delay, and gives the Board a detailed report within 72 hours (Rule 7). The Rule 7 page covers the contents.

Rule 8 sets erasure timelines for the classes in the Third Schedule, with at least 48 hours' notice before erasure. Rule 8(3) keeps personal data, traffic data and logs of processing for at least one year for the Seventh Schedule purposes, and Rule 6 keeps logs for one year to investigate unauthorised access.

Scaling the duties from startup to SDF

  • Early-stage teams: start with a data inventory, a Rule 3 notice, consent records, a named contact person and one inbox for requests and grievances.
  • Growing companies: add processor contracts, retention and erasure rules, Rule 6 logging and a tested breach runbook.
  • Large or high-risk fiduciaries: check whether s.9 applies to your users, and whether you could be notified as a Significant Data Fiduciary under s.10.

How TruePrivacy helps

TruePrivacy brings these duties into one workspace. The DPDP checklist marks each control compliant, partial or non-compliant, with a posture score worked out from live records, and the audit trail logs every action with before and after values, exportable as CSV.

Start where your risk is highest: data discovery to find personal data, then consent, breach management and rights requests.

Sources

  • Digital Personal Data Protection Act, 2023 (Act No. 22 of 2023)
  • Digital Personal Data Protection Rules, 2025, G.S.R. 846(E), 13 November 2025

Updated 4 Nov 2026. Educational information, not legal advice.

Questions, answered

Educational, not legal advice.

All DPDP FAQs
Is a Data Fiduciary responsible for its vendors?

Yes. It is responsible for processing done on its behalf by a Data Processor (s.8(1)) and may engage one only under a valid contract (s.8(2)).

What security measures does Rule 6 require?

At least encryption, masking or tokens; access control; logs and monitoring; backups; one year of log retention; security terms in processor contracts; and measures to enforce these.

Does every Data Fiduciary need a DPO?

Only a Significant Data Fiduciary must appoint a DPO (s.10(2)(a)). Others publish the contact of a person who can answer questions about processing (s.8(9), Rule 9).

When do these duties start?

Core obligations for Data Fiduciaries begin on 13 May 2027 under Rule 1.

Your DPDP plan, starting today

Core obligations for data fiduciaries begin on 13 May 2027.

13 May 2027

Core obligations begin