Chapter IISections 4–10

Obligations of Data Fiduciary

This chapter lays down the core obligations of Data Fiduciaries: obtaining valid consent, providing clear notice, ensuring data security, appointing Data Protection Officers (for significant fiduciaries), and special protections for children's data.

←Chap. I: PreliminaryChap. III: Rights and Duties of Data Principal→

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Sections in this Chapter

4

Section 4: Grounds for processing personal data

Section 4 establishes the two lawful bases for processing personal data:

5

Section 5: Notice

Section 5 requires Data Fiduciaries to provide a clear notice BEFORE or WITH the consent request. The notice must tell the individual:

6

Section 6: Consent

Section 6 sets the gold standard for valid consent under the DPDP Act:

7

Section 7: Certain legitimate uses

Section 7 lists situations where personal data can be processed WITHOUT explicit consent. These are called 'certain legitimate uses':

8

Section 8: General obligations of Data Fiduciary

Section 8 is the backbone of Data Fiduciary obligations:

9

Section 9: Processing of personal data of children

Section 9 provides special protections for children (under 18) and persons with disability:

10

Section 10: Additional obligations of Significant Data Fiduciary

Section 10 applies to 'Significant Data Fiduciaries', a special class of high-risk data handlers designated by the Central Government. Factors for designation include:

All Chapters

I. PreliminaryII. Obligations of Data FiduciaryIII. Rights and Duties of Data PrincipalIV. Special ProvisionsV. Data Protection Board of IndiaVI. Powers, Functions and Procedure to be Followed by BoardVII. Appeal and Alternate Dispute ResolutionVIII. Penalties and AdjudicationIX. Miscellaneous

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