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Cross-Border Data Transfers Module

What Is This Module For?

The Cross-Border Transfers module helps you track and document the transfer of personal data outside India — which is regulated under the DPDP Act 2023.

Which Law Requires This?

  • DPDP Act 2023, Section 16 — The Central Government may restrict transfer of personal data to certain countries by notification. Until such a negative list is published, transfers to all countries are permitted subject to contractual safeguards.
Current Status (May 2026): The Government has not yet published a negative list of restricted countries. All cross-border transfers are currently permitted but must be documented and subject to appropriate contractual safeguards (Data Processing Agreements).

Step-by-Step Guide

  1. Go to Cross-Border Transfers in the sidebar.
  2. Click "Add Transfer" for each vendor or system that processes Indian personal data outside India.
  3. Enter: vendor name, destination country, data categories transferred, transfer mechanism (DPA / standard clauses / adequacy), and transfer start date.
  4. Upload the signed Data Processing Agreement (DPA).
  5. Set an expiry date — dcomply flags transfers whose DPAs are expiring within 30 days.

Common Mistakes to Avoid

  • Not documenting transfers to cloud services — AWS, Azure, Google Cloud, and Salesforce are all cross-border transfers if their servers are outside India.
  • Missing DPA renewals — Expired DPAs mean you are transferring data without adequate safeguards.

Frequently Asked Questions

Q: Are transfers to AWS Mumbai (India region) cross-border?
A: No. If data stays within India, it is not a cross-border transfer regardless of the vendor's country of incorporation.

Q: Do we need individual consent for cross-border transfers?
A: Not currently — but you must disclose cross-border transfers in your privacy notice and have appropriate contractual safeguards in place.


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