What is Data Fiduciary?
A Data Fiduciary under India's DPDPA is any person or entity that alone or in conjunction with others determines the purpose and means of processing digital personal data, analogous to a data controller under the GDPR.
A Data Fiduciary is a concept introduced by India's Digital Personal Data Protection Act (DPDPA) referring to any person who alone or in conjunction with other persons determines the purpose and means of processing of digital personal data. This concept is broadly analogous to the GDPR's "data controller" and the CCPA's "business." Data Fiduciaries bear the primary responsibility for compliance with the DPDPA.
Data Fiduciaries have several obligations under the DPDPA, including obtaining valid consent before processing personal data (unless a legitimate use exception applies), providing a clear privacy notice to Data Principals, ensuring data accuracy and completeness, implementing reasonable security safeguards, deleting personal data when it is no longer needed, and establishing grievance redressal mechanisms. They must also not retain data beyond the period necessary for the processing purpose.
ComplyIQ helps organizations identify their role as Data Fiduciaries and manage the associated obligations under the DPDPA, including consent management through ConsentIQ, data inventory management through DiscoverIQ, and compliance tracking for all fiduciary duties.
Relevant Regulations
How IQWorks Helps
Related Terms
DPDPA (Digital Personal Data Protection Act)
The Digital Personal Data Protection Act is India's comprehensive data privacy law enacted in 2023, governing the processing of digital personal data with an emphasis on consent, data fiduciary obligations, and the rights of data principals.
Data Principal / Data Subject
A Data Principal (under India's DPDPA) or Data Subject (under the GDPR) is the individual whose personal data is being collected, processed, or stored by an organization.
Significant Data Fiduciary
A Significant Data Fiduciary is a designation under India's DPDPA for Data Fiduciaries that process large volumes of personal data, carrying additional obligations including appointing a DPO and conducting impact assessments.
Consent Management
Consent management is the systematic process of obtaining, recording, tracking, and managing individuals' consent for the collection and processing of their personal data in compliance with privacy regulations.