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Govt’s plan on significant data fiduciary tag leaves businesses wary
As India edges closer to implementing the Digital Personal Data Protection (DPDP) Act, the government's plan to designate certain entities as significant data fiduciaries (SDFs) has raised questions over the lack of clarity on criteria, process and timelines.
Businesses and legal experts have called for greater transparency to help them prepare for the new compliance regime.
Under the DPDP Act and accompanying rules, a committee constituted by the Centre will determine which organisations qualify as SDFs.
However, the absence of details on how the committee will be formed, the selection process and regulatory timelines has created uncertainty across industries.
“First in line may be organisations that deal with large volumes of sensitive data, especially where there is potential risk to security, public order or elections,” said Aaron Kamath, leader of the tech, digital and commercial law practice at Nishith Desai Associates.
Sectors such as social media, healthcare and financial services could fall under this classification, he said, adding that while full implementation of the Act is expected around mid-2026, entities should begin preparing early. To be sure, the full DPDP Act comes into force on May 13, 2027.
“It could be possible that upon government notification, SDFs are given a certain time period to implement the additional compliance and should not be expected to do so overnight,” Kamath said.
From the corporate risk advisory sector, experts echoed similar concerns. Apurva Gopinath, cyber leader for India at Aon, said the lack of official guidance had left companies uncertain about what to prepare for. “Businesses are worried about being caught unprepared, not because they don't want to comply, but because they don't know what to prepare for, by when, and at what scale,” she said.
Gopinath recommended that organisations follow a risk-based approach, strengthening baseline compliance, mapping data flows and planning conservatively until specific rules are notified.
Legal experts, however, urged patience. Sajai Singh, partner at JSA Advocates & Solicitors, said that there is “no need to panic” and that once the government defines the criteria, compliance expectations will become clearer. “Obviously, if the volume and sensitivity of data being processed is high and there's a risk to privacy or national integrity, entities should already start auditing their processes,” he said.
Even if an entity is declared an SDF, compliance requirements such as appointing a data protection officer, conducting data protection impact assessments and ensuring annual audits are standard practices followed globally, Singh added.
Kalindhi Bhatia, partner at law firm BTG Advaya, pointed out that the law lays out indicative factors such as the volume and sensitivity of personal data processed and potential impact on public order or national security. “While specific criteria have not been issued yet, these factors can serve as an initial litmus test,” she said.
Bhatia also warned that data localisation mandates, once defined, could have heavier operational implications for SDFs, potentially requiring IT system upgrades. “However, the scope and timelines will depend on the committee's recommendations and are unlikely to unfold overnight,” she said.
With many legal provisions of the DPDP Act slated to take effect 18 months after the initial notification, companies are awaiting further guidance, particularly on how SDF designation and localisation guidelines will be operationalised.
Source: EconomicTimes
Related Posts: Digital Personal Data Protection Act,data security in India,cybersecurity compliance,Nishith Desai Associates,kamath,data compliance,personal data processing
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