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Section 10

SDF self-assessment for Indian companies

Only the Central Government can make you a Significant Data Fiduciary. This self-assessment helps you judge your exposure and get ready in case it does.

Updated 4 Nov 2026 · 4 min read

Short answer

A company becomes a Significant Data Fiduciary only when the Central Government notifies it, alone or as part of a class, under s.10, and no numeric thresholds have been notified. The government weighs factors such as the volume and sensitivity of personal data, risk to Data Principals' rights, and potential impact on the sovereignty and integrity of India, electoral democracy, security of the State and public order. Use those factors to judge your exposure, and run a gap check against s.10(2) and Rule 13 so you can act quickly if you are notified.

How SDF designation works

The government notifies SDFs; companies do not designate themselves. As of 4 November 2026 no thresholds have been notified, and we know of no designation. Treat this self-assessment as preparation, not a conclusion about your status.

Weigh your exposure against the s.10 factors

s.10 factorQuestions to ask yourself
Volume of personal dataHow many Data Principals do we serve in India, and how much data do we hold on each?
Sensitivity of personal dataDo we hold data whose exposure could seriously harm people, such as financial, health or identity data, or children's data?
Risk to Data Principals' rightsDo decisions about people rely on profiling or automated systems? Could an error deny someone a service?
Sovereignty and integrity of IndiaDo we process data at a scale or of a kind that matters to national interests?
Electoral democracyCould our data or platform be used to influence voters or elections?
Security of the StateDo we serve government, defence or other critical functions?
Public orderCould misuse of our data or platform affect public order?

The Act defines no sensitive categories; the examples above are prompts, not legal tests. Answer in words and keep the reasoning, because no score makes you an SDF.

Gap check against s.10(2) and Rule 13

DutySourceReady if you have
Data Protection Officer based in India, responsible to the board, point of contact for grievancess.10(2)(a)A named candidate and a draft board resolution
Independent data auditors.10(2)(b)A shortlist and a scope of work
Periodic Data Protection Impact Assessments.10(2)(c)A DPIA method and a first draft for your riskiest processing
Periodic data audits.10(2)(c)Records an auditor can test
DPIA and audit every twelve months, significant observations to the BoardRule 13A yearly calendar and a reporting owner
Algorithmic due diligenceRule 13A list of algorithmic software that affects Data Principals, with reviews
Keeping specified data in IndiaRule 13A map of where personal data and traffic data sit

The Removal of Difficulties Order, 2026 (S.O. 5458(E)) changed "audit" to "data audit" in s.10(2)(c)(ii). It is editorial and adds no new duty.

Steps to run the self-assessment

  1. 01Gather facts

    Collect the number of Data Principals, the data categories, products and sectors you serve.

  2. 02Answer the factor questions

    Write an answer for each s.10 factor, with the evidence behind it.

  3. 03Run the gap check

    Mark each s.10(2) and Rule 13 duty as in place, partial or not started.

  4. 04Decide your stance

    Agree with leadership and counsel how far to prepare, and record the decision.

  5. 05Prepare the people

    Identify a DPO candidate based in India and an independent data auditor you could appoint quickly.

  6. 06Review yearly

    Repeat after major growth, a new product line or any government notification.

Readiness checklist

  • Factor answers documented and reviewed by counsel
  • DPO candidate identified, based in India
  • Auditor shortlist ready
  • DPIA method chosen and tested
  • Algorithmic software list kept
  • Data location map current
  • Board briefed on SDF exposure
A self-check, not a designation

No SDF thresholds are notified, and the Data Protection Board has no members yet. Do not describe your company as an SDF, or as outside SDF scope, on the basis of this self-check.

How TruePrivacy helps

The SDF workspace records a designation with its date and government notification reference, the India-based DPO and the independent data auditor. Yearly clocks for the DPIA, the data audit and algorithmic due diligence start once you record the designation.

Impact assessments run from templates or blank, AI governance keeps an inventory of the models and datasets you use, and data discovery shows data classes with record counts and high-risk stores. Related tools: Am I an SDF?, the DPIA template for SDFs and the DPO appointment note.

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
  • Digital Personal Data Protection (Removal of Difficulties) Order, 2026, S.O. 5458(E), Gazette of India, 6 October 2026

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

Questions, answered

Educational, not legal advice.

All DPDP FAQs
What makes a company a Significant Data Fiduciary?

A notification by the Central Government under s.10, based on factors such as the volume and sensitivity of data and risk to Data Principals' rights. No numeric thresholds have been notified.

Can we declare ourselves an SDF?

No. Only the government notifies SDFs. You can prepare by assessing your exposure and readiness.

What must an SDF do?

Appoint a DPO based in India and an independent data auditor, and carry out periodic DPIAs and data audits (s.10(2)). Rule 13 adds a yearly DPIA and audit, algorithmic due diligence, and keeping any data the government specifies in India.

Has any company been designated an SDF?

Not that we know of, as of 4 November 2026.

Your DPDP plan, starting today

Core obligations for data fiduciaries begin on 13 May 2027.

13 May 2027

Core obligations begin