Chapter IV — Special provisions

Section 16 — Processing of personal data outside India

16. (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.

Source: The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Act No. 22 of 2023, Gazette of India Extraordinary, 11 August 2023; SHA-256 4deb23981d30… — verified copy

Plain-language note

Plain-language note pending

Questions people ask about this provision

  • Who needs to comply with the DPDP Act?
  • What is cross-border data transfer under the DPDP Act?
  • Can personal data be transferred outside India under the DPDP Act?
  • Is data localization mandatory for all companies under the DPDP Act?
  • Does the DPDP Act apply to foreign entities processing data related to Indian users or operations?
  • How should organizations manage cross-border data transfers to comply with the DPDP Act?
  • Can a DPDP Data Processor be located outside India?
  • Are cross-border data transfers restricted for Indian businesses under the DPDP Act?

Taught in Special Cases