Rule 15, transfer outside India
In short
Rule 15 is one sentence. 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 meets such requirements as the Central Government may specify, by general or special order, in respect of making that personal data available to any foreign State, or to any person or entity under the control of or any agency of such a State.
01What the rule does and does not do
- It does not create an adequacy list. The rule names no country and sets no approval mechanism for a destination.
- It does not require standard contractual clauses. No transfer instrument is prescribed.
- It attaches to a specific concern. The requirements the Central Government may specify are directed at making personal data available to a foreign State, or to a person or entity under the control of or an agency of such a State.
- It is contingent. Until requirements are specified by general or special order, there is nothing under Rule 15 to comply with beyond the transfer itself.
No such order has been identified as at the last review date of this page. Verify against Central Government notifications before relying on that position.
02The provisions that sit alongside it
| Provision | Effect |
|---|---|
| Section 16 of the Act | The Central Government may restrict transfer to a notified country or territory |
| Rule 13(4) | A separate restriction on a Significant Data Fiduciary in respect of personal data specified by the Central Government, and the traffic data pertaining to its flow |
| Other laws | Sectoral obligations, including storage requirements applying to regulated entities, operate independently of these rules |
Rule 13(4) and Rule 15 are different mechanisms and should not be merged in a policy document. One attaches to designated entities and to categories of data. The other attaches to all Data Fiduciaries and to availability to a foreign State.
03Common questions
Is transfer of personal data outside India permitted?
Rule 15 permits it subject to the requirements the Central Government may specify by general or special order in respect of making the data available to a foreign State or to entities under its control.
Which countries are restricted?
Restriction operates by notification. Verify the current position against Central Government notifications rather than against any published list in commentary.
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