Section 8(1) · Video explainer

The Contract Cannot Save Them

Responsibility holds irrespective of any agreement to the contrary and even if *you* broke your duties

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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

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