Cross-Border Data Transfer Under Indian Data Protection Regimes With Special Reference To The Digital Personal Data Protection Act, 2023

Abstract

In an increasingly interconnected world, the seamless flow of cross-border data transfer has become integral to global business operations. It has raised significant legal and regulatory challenges in safeguarding individual privacy and data security. The paper delves into the evolving landscape of cross-border data transfer within the context of India’s data protection regimes, with a special focus on the Digital Personal Data Protection Act 2023 (hereinafter referred to as DPDPA). The Act represents a significant legislative step towards enhancing the protection of personal data in cross-border transactions. The Act allows cross-border data transfer; however, the Central government can restrict such transfer. This study critically examines the provisions of the DPDPA and compares them with the provisions of international standard regulatory frameworks like the European Union General Data Protection Regulation. Through an analysis of key legal and regulatory developments and policies, the paper provides a comprehensive understanding of the current state of cross-border data transfer under Indian law.