Over the last year, the Indian government has proposed several measures for effective data protection, including through increased control on cross-border data flows by way of “data localisation”. Data localisation is being used as a tool by a growing number of countries to control the transfer of data belonging to their residents across national borders. While countries like China, Australia, Russia and Canada already have data localisation provisions in place (e.g. Canada localises public interest data held by government agencies, schools and hospitals, and China localises internet-based mapping services, critical information infrastructure and banking data), India is still struggling to establish a regulatory framework for effective protection of data.
The contents of this update are not intended to serve as legal advice under Indian law, or legal advice related to individual situations or as legal opinions concerning such situations, nor should they be considered a substitute for taking legal advice.