Significant Data Fiduciary (SDF) Obligations
Elevated Governance and Comprehensive Accountability under DPDPA
SDF Status: Higher Volume, Higher Risk, Higher Standards
The Mandatory Compliance Framework
Entities notified as SDFs must implement enhanced organizational and technical measures commensurate with the increased risk associated with the personal data they process.
Pillar 1: Governance and Accountability
Structural Requirements for Leadership and Control
Appoint Data Protection Officer (DPO)
Mandate: Appoint an India-based DPO to act as the primary liaison with the Data Protection Board and manage internal compliance strategy.
Engage Independent Data Auditor
Mandate: Periodically audit policies, processes, and systems by engaging an independent auditor for compliance certification.
Establish Data Protection Management System (DPMS)
Mandate: Implement a robust, documented, and verifiable management system across all business functions to prove DPDPA adherence.
Pillar 2: Risk and Impact Assessment
Proactive Mitigation of Data Principal Harm
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DPIA MANDATE:
High-Risk Processing: Must conduct a Data Protection Impact Assessment (DPIA) before initiating any processing activity posing significant risk to Data Principals.
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CROSS-BORDER TRANSFER:
Geo-Compliance: Ensure personal data is only transferred outside India to jurisdictions not restricted by the Central Government, strictly following prescribed conditions.
Pillar 3: Critical Operational Mandates
Strict Protocols for Incident and Consent Management
Data Breach Notification Protocol
Requirement: Implement a fast-track process for notifying the Data Protection Board and affected Data Principals immediately upon the discovery of a breach.
Implement Consent Manager Tools
Recommendation: Leverage technology like Consent Managers to provide Principals with a single, transparent, and interoperable platform for managing their consent.