InCountry Cookies Policy
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Who needs to comply with personal data protection in India?
The following entities are obligated to comply with all applicable Indian data protection laws:
- All data fiduciaries: Organizations or individuals who determine the purpose and means of processing personal data.
- Data processors: Organizations processing personal data on behalf of a data controller.
- Organizations outside India: Must comply if processing the personal data of individuals in India.
- Individuals: Handling personal data for professional purposes.
- Government bodies: Subject to compliance with certain exemptions.
What Indian data privacy laws do you need to know?
- Digital Personal Data Protection Act, 2023 (DPDP Act): A comprehensive law governing personal data collection, storage, and processing.
- Information Technology (IT) Act, 2000: Legal framework addressing cyber activities, including data protection.
- IT (Reasonable Security Practices and Procedures) Rules, 2011: Mandate security practices to safeguard sensitive personal data.
- Consumer Protection Act, 2019: Safeguards consumer interests against misuse of personal data.
- Telecom Regulatory Authority of India (TRAI) Regulations: Guidelines for data privacy in the telecommunications sector.
Key principles of Indian data privacy laws
- Consent: Collecting personal data with informed consent.
- Purpose limitation: Using personal information only for specified purposes.
- Data minimization: Collecting only necessary data.
- Transparency: Providing clear privacy notices to individuals.
- Accountability: Ensuring compliance with data protection measures.
- Data security: Implementing safety measures to protect data integrity.
- User rights: Rights to access, correct, and delete personal data.
- Lawful processing: Processing data in compliance with laws.
- Grievance redressal: Mechanisms for individuals to seek remedies.
Data residency requirements in India
- Digital Personal Data Protection Act, 2023 (DPDP Act): Favors data residency but allows transfers to countries with adequate protection standards.
- Reserve Bank of India (RBI) Regulations: Requires payment data to be stored within India.
- Sector-Specific Regulations: Telecom operators must store subscriber data domestically.
Indian data sovereignty laws
- Digital Personal Data Protection Act, 2023 (DPDP Act): Enforces principles of data processing and establishes the Data Protection Board of India.
- Reserve Bank of India (RBI): Mandates local storage of payment data for security.
- Information Technology (IT) Act, 2000: Supports accountability in data handling.
- Telecom Regulatory Authority of India (TRAI) regulations: Emphasizes user control and consent.
How to comply with data protection laws in India — InCountry’s approach
InCountry’s Data Residency-as-a-Service provides solutions to help businesses meet the evolving data protection laws and manage compliance effortlessly.
With InCountry, you can focus on growing your business while we handle the complexities of your data residency, security, and compliance.