Additional obligations of Significant Data Fiduciary
- Status
- Upcoming
- Applies from
- 13 May 2027Rule 1(4)
- Penalty
- Up to Rs 150 croreAct, Schedule, item 4
- Binds
- Significant Data Fiduciaries
In plain English
Adds four duties for Significant Data Fiduciaries, the class the Central Government notifies under s. 10 of the Act. Once every twelve months from notification: a Data Protection Impact Assessment and an audit, with the assessor or auditor sending a report of significant observations to the Board. Due diligence that algorithmic software used to host, display, upload, modify, publish, transmit, store, update or share personal data is not likely to pose a risk to Data Principals' rights. And, for categories of personal data the Central Government specifies on a committee's recommendation, a localisation duty: that data and the traffic data about its flow may not leave India.
What you must do
Calendar an annual DPIA and audit from the date of notification, and brief the assessor that their significant observations go to the Board.
ProductGRC workspaceRun an algorithmic due-diligence review over recommendation, ranking and moderation systems that touch personal data.
ProductGRC workspaceWatch for the Central Government's specification of data categories that must stay in India, and be ready to ring-fence them.
ProductGRC workspace
Links marked Product, Service or Free tool are Infofacility's own.
Note
No Significant Data Fiduciary has been notified yet. The Seventh Schedule, item 3, lets MeitY call for information from any Data Fiduciary to assess whether to notify it.
Gazette text · Rule 13A Significant Data Fiduciary shall, once in every period of twelve months from the date on which it is notified as such or is included in the class of Data Fiduciaries notified as such, undertake a Data Protection Impact Assessment and an audit to ensure effective observance of the provisions of this Act and the rules made thereunder.
- (1)A Significant Data Fiduciary shall, once in every period of twelve months from the date on which it is notified as such or is included in the class of Data Fiduciaries notified as such, undertake a Data Protection Impact Assessment and an audit to ensure effective observance of the provisions of this Act and the rules made thereunder.
- (2)A Significant Data Fiduciary shall cause the person carrying out the Data Protection Impact Assessment and audit to furnish to the Board a report containing significant observations in the Data Protection Impact Assessment and audit.
- (3)A Significant Data Fiduciary shall observe due diligence to verify that technical measures including algorithmic software adopted by it for hosting, display, uploading, modification, publishing, transmission, storage, updating or sharing of personal data processed by it are not likely to pose a risk to the rights of Data Principals.
- (4)A Significant Data Fiduciary shall undertake measures to ensure that personal data specified by the Central Government, on the basis of the recommendations of a committee constituted by it, is processed subject to the restriction that the personal data and the traffic data pertaining to its flow is not transferred outside the territory of India.
- (5)In this rule, “committee” means a committee constituted by the Central Government for the purpose of this rule, which shall include officials from the Ministry of Electronics and Technology and may include officials from other Ministries or Department of the Central Government.
Source: Gazette of India, G.S.R. 846(E), 13 Nov 2025 (MeitY copy)
Act sections and tools that apply
Source: Gazette of India, G.S.R. 846(E), 13 Nov 2025 (MeitY copy) · Change log