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Question · IT, ITeS, BPO and GCC

Does DPDP apply to data of foreign clients' customers?

Short answer: Mostly exempt for offshore data; security still applies

Mostly not. Section 17(1)(d) exempts processing of personal data of people outside India when you do it under a contract with a party outside India. Security safeguards and responsibility for your processors still apply. The exemption does not cover your Indian staff, Indian customers, or Indian data mixed into the same work.

What the law says

Section 17(1)(d) sets the exemption. Section 8(5) and 8(1) still apply.

Steps

  1. Tag each project by where the people live.
  2. Find mixed projects with Indian data.
  3. Keep security controls the same for all.
  4. Record which contracts rely on the exemption.
  5. Review when projects change.

Evidence to keep

Common mistakes

From each seat

What a good answer from management sounds like

“Every project is tagged. Mixed projects follow full DPDP for the Indian data, and security is the same everywhere.” Effort and time: Light · 2 to 4 weeks.

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