In simple words
Personal data can generally be sent abroad. The Government can, by notification, restrict transfers to particular countries or territories. Other Indian laws with stricter rules still apply.
- What this means for you
- Your data may be stored or processed abroad unless the Government restricts that country.
- What this means for businesses
- Track any countries notified under this section and sector rules, such as those of financial regulators.
- Everyday example
- An Indian travel app uses a server in another country. That is allowed unless the Government restricts that country.
Who it applies to
Data Fiduciaries transferring personal data outside India.
Related Rules
- Rule 15. Transfer of personal data outside the territory of India From 13 May 2027
Related sections
Official textas notified
Source: MeitY copy of the Gazette (CG-DL-E-12082023-248045), page 11. Printed dashes are shown as colons; the wording is unchanged.
(1) The Central Government may, by notification, restrict the transfer of personal data by a Data Fiduciary for processing to such country or territory outside India as may be so notified.
(2) Nothing contained in this section shall restrict the applicability of any law for the time being in force in India that provides for a higher degree of protection for or restriction on transfer of personal data by a Data Fiduciary outside India in relation to any personal data or Data Fiduciary or class thereof.