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Section 16 · Rule 15

Cross-border personal data transfers (DPDP)

DPDP lets personal data leave India unless the Central Government restricts a destination. TruePrivacy checks your vendors and transfers against a list you keep.

Updated 4 Nov 2026

Short answer

Under s.16 of the DPDP Act, the Central Government may restrict transfers of personal data to countries it notifies, and stricter sectoral laws still apply (s.16(2)). Rule 15 makes transfers subject to any requirements the Central Government sets by order about making personal data available to a foreign State or its agencies. No list of restricted countries has been notified, so TruePrivacy lets you keep your own restriction list and warns you when a vendor or transfer destination matches it.

What transfer checks do

DPDP takes a negative-list approach: transfers are allowed unless the Central Government restricts a country by notification (s.16(1)). Until a list is notified, the practical work is knowing where your personal data goes and who holds it.

Your restriction list

Keep a list of countries you treat as restricted, and update it as orders are notified.

Vendor match warnings

When a vendor's country matches the list, TruePrivacy warns you.

Destination warnings

The same warning applies when a transfer destination matches the list.

Vendor context

The warning sits with the vendor's risk level, assessments and contract in vendors and processors.

How to check a transfer

  1. 01List where data goes

    Record your vendors and transfer destinations, including where your processors host data. Use vendor assessments to ask processors where they store and access it.

  2. 02Keep the restriction list current

    Add a country when the Central Government notifies a restriction, and add any country your sector rules restrict.

  3. 03Review warnings

    When a vendor or destination matches, review the transfer with counsel before it goes ahead.

  4. 04Check special cases

    For an SDF, Rule 13 lets the Central Government specify personal data and traffic data to keep in India. For processing of data of people outside India under a foreign contract, s.17(1)(d) may apply; see BPO and GCC.

Mapped to the Act and Rules

DutySection or ruleWhat TruePrivacy does
Do not transfer to a country the Central Government restrictss.16(1)Your restriction list, with warnings on vendor and destination matches
Be responsible for processing by your Data Processors, wherever they ares.8(1)Vendor records with risk levels, assessments and contract (DPA) tracking
Follow stricter sectoral laws on transferss.16(2)Add countries your sector rules restrict to the same list
Meet requirements on foreign State access set by orderRule 15Vendor assessments to ask where data is held
Keep specified personal data in India (SDFs)Rule 13Record the designation in the SDF workspace; the data to keep in India is specified by the government

The list is yours to keep

No notified list yet

DPDP has no notified list of restricted countries yet. The restriction list in TruePrivacy is yours to maintain and keep current, and a warning means only that a vendor or destination matched your entry. Check transfers with counsel and against your regulator's directions.

Do not rely on unofficial lists that name restricted countries; under s.16 a restriction comes by government notification. The cross-border checklist walks through the questions to ask before data leaves India.

Works with

Sources

  • Digital Personal Data Protection Act, 2023 (Act No. 22 of 2023)
  • Digital Personal Data Protection Rules, 2025, G.S.R. 846(E), 13 November 2025

Updated 4 Nov 2026. Educational information, not legal advice.

Questions, answered

Educational, not legal advice.

All DPDP FAQs
Does DPDP have a whitelist of countries?

No. Section 16 works the other way: the Central Government may restrict transfers to countries it notifies. No such list has been notified yet.

Do sector rules still apply to transfers?

Yes. Section 16(2) keeps stricter sectoral laws in force. Check your regulator's directions alongside DPDP.

What does TruePrivacy do when a vendor matches my list?

It warns you when a vendor or transfer destination matches a country on your list. The decision to proceed stays with your team and counsel.

Your DPDP plan, starting today

Core obligations for data fiduciaries begin on 13 May 2027.

13 May 2027

Core obligations begin