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ConsentXDPDPA Section 10 explained: how Significant Data Fiduciaries are designated and their extra duties, from a DPO in India to audits and DPIAs.
The Government may designate an SDF based on the volume and sensitivity of personal data processed, the risk to data principals' rights, potential effects on the sovereignty and integrity of India, risk to electoral democracy, and security of the State and public order.
Large platforms, big consumer financial and health players, and high-volume data businesses should plan on the possibility of being designated, even if they are not today.
An SDF must appoint a Data Protection Officer based in India who represents the fiduciary and is answerable to its board or governing body, and appoint an independent data auditor to evaluate compliance.
It must also undertake periodic Data Protection Impact Assessments and periodic audits, and observe any additional measures the Rules prescribe, such as limits on certain data transfers.
Even before designation, mature programs benefit from a named DPO, documented DPIAs for high-risk processing, audit-ready evidence and a clear record of processing. ConsentX provides the consent-side evidence (verifiable receipts and reports) that an audit or DPIA will ask for.
This page is a plain-English summary of the Digital Personal Data Protection Act, 2023 for general information and is not legal advice. Confirm your obligations with qualified counsel.
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