India Privacy Act Understand. Assess. Protect.
For Data Fiduciaries

What does a Data Fiduciary need to do?

The Act places responsibility on the Data Fiduciary for complying with it — and that responsibility doesn't disappear just because someone else processes the data on your behalf.

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01 — Have a lawful purpose

Personal data may only be processed in line with the Act — typically with consent, or for certain legitimate uses the Act permits.

02 — Provide appropriate notice

Before requesting consent, tell people what personal data you're collecting and why — plus how they can exercise their rights or raise a complaint.

03 — Obtain valid consent

Where consent is your basis for processing, it must be free, specific, informed, unconditional, unambiguous, and given through a clear affirmative action — limited to what's actually necessary for the stated purpose.

04 — Make withdrawal possible

People can withdraw consent, and it should be about as easy to withdraw as it was to give.

05 — Protect personal data

Put in place appropriate technical and organisational safeguards to prevent breaches.

06 — Handle personal data breaches

Know what to do — including notifying the Data Protection Board and affected individuals — if a breach occurs. See Data Breaches.

07 — Don't keep data forever

Erase personal data once consent is withdrawn or the purpose it was collected for no longer applies, unless another law requires you to retain it.

08 — Provide grievance redressal

Give people an effective way to raise concerns about their personal data.

09 — Manage your processors

If someone else processes personal data on your behalf, that relationship needs to sit under a valid contract — the responsibility stays with you.

10 — Be ready to demonstrate compliance

If a question arises about consent, you need to be able to show that proper notice was given and valid consent was obtained.

This is a practical summary, not an exhaustive legal checklist. The DPDP Audit can help you review where your organisation stands against these obligations.