Processing of personal data outside India
Conditions and restrictions on cross-border data flowsPersonal data may be transferred outside India, but only if the Fiduciary meets requirements the Central Government may specify by order - particularly when making data available to foreign governments, persons, or entities under their control.
Download full Rules (PDF)In plain English
Personal data may be transferred outside India, but only if the Fiduciary meets requirements the Central Government may specify by order - particularly when making data available to foreign governments, persons, or entities under their control.
Key points
- Cross-border transfer is permitted subject to government orders
- Government may impose general or special requirements
- Extra scrutiny for transfers to foreign States and their agencies
This rule gives effect to Section 16 of the Digital Personal Data Protection Act, 2023.
Read the parent sectionOfficial rule text
Reproduced from the Gazette notification (G.S.R. 846(E), 13 November 2025).
15. Transfer of personal data outside the territory of India. - Any personal data processed by a Data Fiduciary under the Act may be transferred outside the territory of India subject to the restriction that the Data Fiduciary shall meet such requirements as the Central Government may, by general or special order, specify in respect of making such personal data available to any foreign State, or to any person or entity under the control of or any agency of such a State.