Section 8: General obligations of Data Fiduciary
Simple Explanation
Section 8 is the backbone of Data Fiduciary obligations:
1. Responsibility: The Data Fiduciary remains responsible even when a Data Processor handles the data.
2. Contract Requirement: Data Processors must be engaged only under a valid contract.
3. Data Quality: Data used for decisions or shared with others must be complete, accurate, and consistent.
4. Security Safeguards: Reasonable technical and organizational measures must be implemented.
5. Breach Notification: Both the Board and affected individuals must be informed of personal data breaches.
6. Data Erasure: Data must be deleted when consent is withdrawn or the purpose is fulfilled, unless the law requires retention.
7. Transparency: Contact details of the Data Protection Officer must be published.
8. Grievance Redressal: An effective mechanism must be established to handle complaints from Data Principals.
Key Points
- ✓Data Fiduciary remains accountable even when using processors
- ✓Processors must work under a valid contract
- ✓Must ensure data accuracy, completeness, and consistency
- ✓Must implement reasonable security safeguards
- ✓Must notify Board and affected individuals of data breaches
- ✓Must erase data when purpose is served or consent withdrawn
- ✓Must publish DPO contact details
- ✓Must have a grievance redressal mechanism
Official Text (Summary)
A Data Fiduciary is responsible for compliance even when using a Data Processor, and must engage Processors only under a valid contract. They must ensure data completeness, accuracy, and consistency when used for decisions or disclosed to others. They must implement technical and organizational measures, protect data through reasonable security safeguards, notify the Board and affected Data Principals of breaches, erase data when consent is withdrawn or purpose is served (unless legally required to retain), publish contact information of the Data Protection Officer, and establish a grievance redressal mechanism.
Source: The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Ministry of Law and Justice.
Jump to any Section
More Sections in Chapter II
All Chapters
Is your business DPDP compliant?
Avoid penalties up to ₹250 Crore. Let our experts help you implement consent management, grievance redressal, and data protection measures.
Get a Free Compliance Audit