The Contract Cannot Save Them
Responsibility holds irrespective of any agreement to the contrary and even if *you* broke your duties
Read the full guide: Section 8(1) — DPDP Act compliance guide
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Summary
No contract moves this duty off them.
Responsibility holds irrespective of any agreement to the contrary and even if *you* broke your duties
Full transcript
No contract moves this duty off them.
Section 8(1) anchors the whole chapter.
The Data Fiduciary is responsible
for complying with this Act and the rules.
Pause. What if the contract says otherwise?
Irrespective of any agreement to the contrary.
And even if you failed your own duties.
It covers processing by their Processor too.
Outsourcing moves the work, not the liability.
One name stays on the hook.
s.8(1) — Digital Personal Data Protection Act, 2023 + Rules, 2025
In force from 13 May 2027