AMLEGALSDPDPAVibe Data Privacy
HomeInsightsData Fiduciary Obligations Under DPDPA
ComplianceVibe Data Privacy

Data Fiduciary Obligations Under DPDPA

Understanding Primary Responsibility for Lawful Processing

16 min
January 2026

"A Data Fiduciary is any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data."

DPDPA Section 2(i)
Data Fiduciary Obligations Under DPDPA

The Data Fiduciary bears primary responsibility for lawful, fair, and transparent processing. This encompasses consent management, security safeguards, breach notification, record-keeping, and vendor oversight. This article provides a comprehensive examination of fiduciary obligations and compliance pathways.

Defining the Data Fiduciary

Section 2(i) defines Data Fiduciary as any person determining purpose and means of processing. This includes corporations, partnerships, government bodies, and individuals. Joint controllers determining purposes together bear joint fiduciary obligations. The determination test focuses on decision-making authority over why and how data is processed.

Key Points

  • Purpose determination
  • Means determination
  • Joint controller scenarios
  • Decision-making authority test

Lawful Processing Bases

Processing requires either consent under Section 6 or legitimate uses under Section 7. Legitimate uses include employment relationships, emergencies threatening life, and government subsidies. The fiduciary must document the lawful basis for each processing activity and maintain records demonstrating compliance.

Security Safeguards

Section 8(4) mandates reasonable security safeguards protecting data against unauthorised access, use, or disclosure. Safeguards must be proportionate to sensitivity and volume of data processed. Technical measures include encryption, access controls, and monitoring. Organisational measures include policies, training, and incident response procedures.

Key Points

  • Encryption requirements
  • Access control implementation
  • Monitoring and logging
  • Policy and training frameworks

Vendor Management

Section 8(2) requires contractual engagement with Data Processors containing prescribed safeguards. The fiduciary remains accountable for processor actions. Contracts must specify: processing scope, security measures, sub-processor restrictions, audit rights, breach notification obligations, and data return or destruction upon termination.

Key Takeaways

1

Document lawful basis for all processing activities

2

Implement proportionate security safeguards

3

Establish vendor assessment and contract framework

4

Create processing activity registers

5

Develop accountability documentation

Statutory References

DPDPA Section 2(i)DPDPA Section 6DPDPA Section 7DPDPA Section 8DPDP Rules 2025 Rule 6

Need Compliance Guidance?

Our data privacy practice provides tailored compliance assessments and implementation support.

Get in Touch