dpdpr.in

Section 16. Processing of personal data outside India

DPDP Act, 2023 · Chapter IV: Special Provisions

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

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.

On this page
  1. In simple words
  2. Who it applies to
  3. Related Rules
  4. Official text