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Section 10 & Rule 13

Significant Data Fiduciary

Significant Data Fiduciaries (SDFs) face enhanced obligations including mandatory DPO appointment, periodic audits, and Data Protection Impact Assessments.

Who is a Significant Data Fiduciary?

The Central Government notifies Data Fiduciaries as SDFs based on factors including:

Volume of Data

Processing personal data of a significant number of Data Principals

Sensitivity of Data

Processing sensitive personal data at scale

Risk to Rights

Processing that poses significant risk to rights of Data Principals

Impact Assessment

Processing that may have significant impact on sovereignty or security

Technology Used

Use of new technologies with high privacy risks

Additional SDF Obligations

Appoint Data Protection Officer (DPO)

Designate a senior officer as DPO based in India who represents the SDF and is point of contact for Data Principals and the Board.

Senior management level
Based in India
Direct reporting to Board of Directors
Contact details publicly available

Appoint Independent Data Auditor

Engage an independent data auditor to evaluate compliance with DPDP Act provisions.

Independence from SDF
Technical expertise
Annual audit requirement
Report to Board

Conduct Data Protection Impact Assessment (DPIA)

Undertake periodic DPIA to assess risks to Data Principal rights from processing activities.

Systematic assessment
Risk identification
Mitigation measures
Periodic reviews

Periodic Compliance Audits

Conduct periodic audits to ensure ongoing compliance with all DPDP Act obligations.

Annual frequency
Comprehensive scope
Remediation tracking
Board reporting

Data Protection Officer Responsibilities

Represent SDF before Data Protection Board
Act as point of contact for Data Principals
Monitor internal compliance with DPDP Act
Advise on data protection obligations
Coordinate with Board on inquiries
Maintain records of processing activities
Conduct internal training and awareness
Report to highest management of SDF

Are You a Significant Data Fiduciary?

TCSA provides comprehensive SDF compliance services including DPO, DPIA, and audit support.

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