Under the Digital Personal Data Protection Act, 2023 (“DPDPA”), data fiduciaries are persons that determine the purposes and means of processing personal data. Data fiduciaries have the primary responsibility for compliance with the law’s requirements, and remain liable for acts and omissions of the data processors they appoint. Implementing processes and protocols to ensure compliance with the DPDPA’s requirements become a crucial aspects of any data fiduciary’s compliance journey. These organisations should also ensure that where appropriate or necessary, relevant obligations are contractually passed on to and practically implemented by data processors.
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