---
title: "Section 16: Processing of personal data outside India"
url: https://dpdp.myndsolution.com/wiki/act/section-16-processing-of-personal-data-outside-india/
description: "Section 16 of the Digital Personal Data Protection Act, 2023 (Processing of personal data outside India). Official text verbatim, comes into force on 13 may…"
kind: act-section
updated: 2026-09-09
official_source: https://www.meity.gov.in/static/uploads/2024/06/2bf1f0e9f04e6fb4f8fef35e82c42aa5.pdf
text_type: official-text-plus-interpretation
publisher: MYND Integrated Solutions
license: Official Government of India texts are reproduced verbatim (public domain / open government data). Interpretation is CC BY 4.0, MYND Integrated Solutions.
disclaimer: Not legal advice. Official text prevails over any interpretation.
html_version: https://dpdp.myndsolution.com/wiki/act/section-16-processing-of-personal-data-outside-india/
---
# Section 16: Processing of personal data outside India

*The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Chapter IV: SPECIAL PROVISIONS. Comes into force on 13 May 2027.*

## Official text

- **(1)** The Central Government may, by notification, restrict the transfer of personal data by a Data Fiduciary for processing to such country or territory outside India as may be so notified.

- **(2)** Nothing contained in this section shall restrict the applicability of any law for the time being in force in India that provides for a higher degree of protection for or restriction on transfer of personal data by a Data Fiduciary outside India in relation to any personal data or Data Fiduciary or class thereof.


## Rules made under this section

- [Rule 15: Transfer of personal data outside the territory of India](https://dpdp.myndsolution.com/wiki/rules/rule-15-transfer-of-personal-data-outside-the-territory-of-india/)

## Interpretation in plain English (not legal advice)

> This is a plain-English interpretation of the official text, prepared by the DPDP Wiki editorial team. It is not the law and not legal advice, and it may be incomplete or wrong. Always rely on the official text of the Act, the Rules and the notifications, and take advice from a qualified professional for your situation.

Section 16 of the Digital Personal Data Protection Act addresses the transfer of personal data outside of India. It grants the Central Government the authority to issue official notifications that restrict a Data Fiduciary, the person or entity determining the purpose and means of processing data, from sending personal data to specific countries or territories for processing.\n\nThe section also clarifies how this law interacts with other Indian laws regarding international data transfers. If another law currently in force in India provides a higher degree of protection or places stricter restrictions on a Data Fiduciary transferring personal data abroad, that other law will continue to apply. This ensures that the Act does not accidentally weaken or override existing, stronger rules about sending specific types of personal data outside the country.

### Key points

- The Central Government has the power to restrict Data Fiduciaries from transferring personal data to specific countries or territories outside India. (1)
- These restrictions will be established through official government notifications. (1)
- This section does not override any other Indian law that imposes stricter restrictions or higher protections on transferring personal data outside India. (2)

### Common misreadings

- People might assume the Act automatically bans all data transfers outside India, but it only restricts transfers to specific countries if the Central Government notifies them.
- People might think this Act overrides all other data transfer laws, but it explicitly allows other Indian laws with stricter restrictions to remain in force.

*Interpretation prepared 2026-09-09 from the official text only; the official text prevails.*

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Cite as: Digital Personal Data Protection Act, 2023, s. 16. Official source: https://www.meity.gov.in/static/uploads/2024/06/2bf1f0e9f04e6fb4f8fef35e82c42aa5.pdf