India has relaxed its planned restrictions on cross-border data flows, with a revision to its planned data protection laws.
will allow the transfer of personal data to certain other nations and proposes GDPR-style restrictions on the ways in which companies use that data.
There are penalties of up to around $31 million for failing to prevent a data breach, with another $24.5 million where organizations fail to notify the authorities and users. The bill has been a long time in the making, with a first version proposed in 2018. Years of revisions led to a new version last year, which was withdrawn by the government this summer after concerns from big tech firms and others over cross-border data flows.
If, as seems likely, the list of exemptions includes the US, the provision will be welcomed by the big technology companies such as Google, Amazon and Facebook. Earlier this year, the Asia Internet Coalition, of which they are members, called for cross-border data transfers to be allowed. "Placing restrictions on cross-border data flows is likely to result in higher business failure rates, introduce barriers for start-ups, and lead to more expensive product offerings from existing market players," they said in a letter to the IT ministry.
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