How do India's new DPDP Rules affect cross-border data transfers?

The rules give the Indian government power to control and restrict cross-border personal data transfers, allowing them to block transfers to specific countries.

Will existing Indian laws with higher data protection standards still apply?

Yes, any Indian law offering a higher level of protection or stricter restrictions on data transfers will continue to be enforced.

Can India block data transfers to certain foreign states under the new rules?

Yes, the government has the authority to restrict or prohibit personal data transfers to specific foreign states or entities.

Home / Business and Economy / India Tightens Grip on Data Exports

India Tightens Grip on Data Exports

20 Nov

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Summary

India's new data rules allow government control over cross-border transfers.
Existing laws with higher protection standards will still apply.
The government can restrict data transfers to specific foreign states.

India's Digital Personal Data Protection Rules are now in effect, granting the government significant control over international data transfers. These rules empower the central government to block data transfers to specific nations, ensuring a more regulated approach to cross-border data flow. Crucially, any existing Indian laws that impose stricter data protection standards will remain in force, providing an added layer of security.

The framework allows the government to designate approved recipients of personal data, offering a clear mechanism for managing data exchanges. This move aligns India with global privacy standards like GDPR and PIPL, signaling a commitment to protecting citizen data. While the rules streamline the process, they emphasize compliance with government-specified conditions for international data movement.

Experts note that while the government can restrict transfers, India's data protection approach is evolving to foster secure, lawful data exchange. The rules are designed to address rising cyber fraud and data misuse, providing flexibility for transfers through mutually recognized frameworks and ensuring that data fiduciaries meet essential compliance requirements.