Database

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INDIA

Since December 1993

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Public Records Act (No. 69 of 1993)
Section 4 of the Public Records Act states that no person shall take or cause to be taken public records out of India without the prior approval of the Central Government, except if done for any official purpose. 
Coverage Public sector

INDIA

Since March 2012

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
National Data Sharing and Accessibility Policy
India’s National Data Sharing and Accessibility Policy requires that “non-sensitive data available either in digital or analogue forms but generated using public funds” must be stored within the borders of India. The policy states that data belongs to the "agency/department/ministry/entity which collected them and resides in their IT-enabled facility” (Section 10).
Coverage Public sector

INDIA

Since December 2015
Since March 2017
Since October 2019

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Request for Proposal (RFP) for Provisional Empanelment of Cloud Service Offerings of Cloud Service Providers (CSPs)

Guidelines for Government Departments on Contractual Terms Related to Cloud Services

Master Service Agreement: Procurement of Cloud Services
In 2015, India’s Ministry of Electronics and Information Technology (MeitY) issued guidelines for a cloud computing empanelment process under which cloud computing service providers may be provisionally accredited as eligible for government procurement of cloud services. The guidelines require such providers to store all data in India to qualify for accreditation.
In addition, Section 2.1.d of the Guidelines for Government Departments on Contractual Terms Related to Cloud Services requires that any government contracts contain a localisation clause mandating that all government data residing in cloud storage networks is located on servers in India.
Also, Section 1.17.4 of the Master Service Agreement: Procurement of Cloud Services outlines, among other things, that cloud service providers must offer cloud services to the purchaser from a MeitY-enrolled data centre which is located in India, the data must be stored within India, and must not be taken out of India without explicit approval by the purchaser.
Coverage Cloud computing services

INDIA

Since December 1988

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty
India is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

INDIA

Since June 1957, entry into force in January 1958, last amended in August 2021

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
The Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 33 of 2021)
The Copyright Act of 1957 provides a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. According to Art. 52.1, a fair dealing with any work (not being a computer programme) for the purposes of private or personal use, criticism or review and the reporting of current events and current affairs does not constitute an infringement of copyright.
Coverage Internet intermediaries

INDIA

Reported in 2017, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Reported prevalence of digital piracy practices
It is reported that India experiences substantial levels of piracy, particularly in the online environment, a situation exacerbated by weak enforcement. Stream‑ripping, the use of illicit streaming devices and unauthorised Internet Protocol television (IPTV) applications, as well as the unauthorised sharing of video games, are all identified by stakeholders as prominent forms of infringement.
Coverage Horizontal

INDIA

Since September 2018, entry into force in December 2018

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
India has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

INDIA

Since September 2018, entry into force in December 2018

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
India has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

INDIA

Reported in 2022, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
India currently lacks a comprehensive legal framework capable of providing effective protection for trade secrets. It is reported that companies operating in India face considerable uncertainty owing to the absence of adequate legal mechanisms to safeguard confidential business information. Both foreign and domestic enterprises have identified trade secret protection as an increasingly significant concern and have expressed interest in India addressing the deficiencies within its existing trade secrets regime. At present, Indian law does not include specific civil or criminal provisions governing the protection of trade secrets. Criminal sanctions for trade secret misappropriation are not expressly provided for, while civil remedies are reportedly difficult to obtain and are insufficiently deterrent in nature. In the absence of a dedicated trade secrets statute, India relies on a range of existing legislative instruments, including the Indian Contract Act 1872, the Copyright Act 1957, and the Information Technology Act 2000, to afford limited and indirect protection. Although these statutes offer certain safeguards, they are fragmented and fail to provide a coherent and holistic approach to trade secret protection. Recognising these shortcomings, the Law Commission of India conducted a comprehensive examination of the desirability and feasibility of trade secrets legislation and recommended the introduction of a sui generis legal framework. Building upon these recommendations, the proposed Protection of Trade Secrets Bill, 2024 seeks to establish comprehensive protection for trade secrets in India and to address the gaps inherent in the existing legal framework.
Coverage Horizontal

INDIA

Reported in 2024

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in India to deliver telecom services to end users, and it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

INDIA

Since April 2013, last amended in October 2020

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Consolidated Foreign Direct Investment (FDI) Policy Circular of 2020
According to Section 6.2.14 of the 2020 Consolidated Foreign Direct Investment (FDI) Policy Circular, full foreign direct ownership is permitted in the telecommunications sector (including Category-I Telecommunications Infrastructure Providers). However, government approval is required for FDI above 49%. This regulatory requirement has been in effect since the enactment of the Consolidated FDI Policy Circular 2013 (Section 6.2.15).
Coverage Telecommunications sector and news

INDIA

Reported in 2000, last reported in 2025

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the government holds shareholdings in certain telecommunications companies. In particular, it is reported that Bharat Sanchar Nigam Limited (BSNL) is a public sector undertaking wholly owned by the government. It is also reported that the government holds a 49% equity stake in Vodafone India Limited.
Coverage Telecommunications sector

INDIA

Since August 2013

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Companies Act, 2013
India applies a residency requirement for the members of the board of directors. Art. 149.3 of the 2013 Companies Act requires every company to have at least one director who has stayed in India for a total period of not less than 182 days in the previous calendar year.
Coverage Horizontal

INDIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
India does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, the Accounting Separation Regulation is applicable to all the service providers having aggregate turnover of not less than rupees one hundred crore (approx. 12,182,700 USD) during the accounting year for which report is required to be submitted from operations under the telecom license(s) issued to them under Chapter II of the Telecommunications Act, 2023. The telecom service providers are required to submit their audited accounting separation reports based on a historical cost basis every year and on a replacement cost basis every second year within seven months of the end of the accounting year.
Coverage Telecommunications sector

INDIA

Since April 2013, last amended in October 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Consolidated Foreign Direct Investment (FDI) Policy Circular of 2020
According to the Consolidated Foreign Direct Investment (FDI) Policy Circular 2020, broadcasting services require that a majority of the company’s directors are Indian citizens. Additionally, the CEO, the chief officer responsible for technical network operations, and the chief security officer must all be resident Indian citizens. Furthermore, officers or officials of the licensee companies involved in the interception of services must also be Indian citizens. This requirement has been in effect since the implementation of the Consolidated Foreign Direct Investment (FDI) Policy Circular 2013 (Section 6.2.7.6)
Coverage Broadcasting Carriage Services (teleports, direct-to-home, cable networks, mobile TV, headend in the sky broadcasting services)

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