/

Significant Data Fiduciary (SDF): Who Qualifies & What Extra Rules Apply

Under the Digital Personal Data Protection (DPDP) Act, 2023, not all organisations are treated equally.

Some organisations that handle large volumes of personal data – or sensitive, high-risk data – can be classified as Significant Data Fiduciaries (SDFs).This classification brings additional compliance obligations beyond standard DPDP requirements.

This guide explains:

  • What an SDF is
  • Who can be classified as an SDF
  • What extra rules apply
  • What HR and leadership teams should prepare for

What Is a Significant Data Fiduciary (SDF)?

A Significant Data Fiduciary is an organisation that the Government of India notifies as significant, based on the risk its data processing poses to individuals.

This is not a voluntary label.
You become an SDF only when notified.


Who Can Be Classified as an SDF?

The government may designate an organisation as an SDF based on factors such as:

  • Volume of personal data processed
  • Sensitivity of the data (health, financial, identity data)
  • Risk of harm to individuals
  • Use of new or emerging technologies
  • Impact on electoral democracy or public order

Important:
Revenue, company size or headcount alone do not decide SDF status.


SDF vs Non-SDF: Key Differences at a Glance

AreaNon-SDFSignificant Data Fiduciary (SDF)
DPO appointmentNot mandatoryMandatory (India-based)
DPIANot mandatoryMandatory for high-risk processing
Compliance auditsRecommendedMandatory & periodic
Regulatory scrutinyStandardHigher & ongoing
Governance expectationsBasic DPDP complianceEnhanced accountability & documentation
Vendor oversightRequiredStricter, continuous monitoring

Examples of Organisations Likely to Qualify

While no blanket list exists organisations more likely to be notified include:

  • Large employers processing extensive employee data
  • HRMS, payroll, BGV and benefits platforms
  • Healthcare and wellness providers
  • Fintech and insurance companies
  • Edtech platforms handling student data
  • Platforms using AI for profiling or decision-making

What Extra Rules Apply to SDFs?

Once notified as an SDF, additional obligations apply.

1. Appointment of a Data Protection Officer (DPO)

  • Must appoint a Data Protection Officer
  • DPO must be India-based
  • DPO acts as the primary contact for:
    • Data Principals (individuals)
    • The Data Protection Board of India

2. Mandatory Data Protection Impact Assessments (DPIA)

  • Must conduct DPIAs for high-risk processing activities
  • DPIAs assess:
    • Risk to individuals
    • Necessity and proportionality
    • Safeguards in place

3. Regular Compliance Audits

  • Periodic DPDP compliance audits are mandatory
  • Audits must assess:
    • Security safeguards
    • Vendor controls
    • Data lifecycle management

4. Enhanced Governance & Accountability

SDFs are expected to:

  • Maintain stronger internal documentation
  • Implement advanced security measures
  • Closely monitor processors and vendors
  • Demonstrate compliance proactively

HR Readiness Checklist for SDFs

If your organisation is (or may become) an SDF, HR should confirm:

☐ A clear data inventory of employee & candidate data
☐ Documented retention and deletion timelines
☐ Formal access control and role-based permissions
☐ Vendor DPDP due diligence and DPA clauses in place
☐ Breach response and escalation SOP defined
☐ Ability to support data principal rights (access, correction, deletion)
☐ Regular HR data audits and documentation
☐ Alignment with Legal, IT and Security teams


What This Means for HR Teams

If your organisation is an SDF (or likely to become one):

  • HR processes will face greater scrutiny
  • Vendor due diligence becomes non-negotiable
  • Data retention, access control and deletion must be formalised
  • HR will need to work closely with Legal, IT and Security
  • Informal or manual processes become high-risk

Are You Likely to Be Classified as an SDF? (Quick Self-Assessment)

Ask yourself:

  • Do we process large volumes of employee or candidate data?
  • Do we handle sensitive data (health, financial, identity)?
  • Do we use AI, automation or profiling in HR decisions?
  • Could a data breach cause serious harm to individuals?
  • Do we operate platforms or services impacting many users?

If you answer “yes” to multiple questions, you should prepare for SDF-level obligations, even before notification.


What If You’re Not an SDF?

Even if you are not classified as an SDF:

  • Core DPDP obligations still apply
  • Breach response, vendor governance and purpose limitation remain mandatory
  • Being “small” does not exempt you from compliance

Key HR Takeaway

SDF status is about risk, not reputation.

Organisations that process:

  • Large volumes of people data
  • Sensitive or high-impact data
  • Technology-driven decision-making

should build SDF-level readiness early, not wait for formal notification.


Final Thought

Significant Data Fiduciaries are held to a higher standard of care under DPDP.

The best-prepared organisations:

  • Build SDF-level governance early
  • Fix HR data practices now
  • Avoid last-minute compliance firefighting later
Previous Story

The 72-Hour Breach Notification Rule: What HR Must Do When Something Goes Wrong

Next Story

How to Run a Simple DPDP Risk Assessment (DPIA) for HR Workflows

AI-powered BGV popup