Database

Browse Database

INDIA

Since March 2023

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Securities and Exchange Board of India (SEBI) Circular No. SEBI/HO/ITD/ITD_VAPT/P/CIR/2023/033 - Framework for Adoption of Cloud Services by SEBI Regulated Entities (REs)
Principle 3 of the "Framework for Adoption of Cloud Services by SEBI-Regulated Entities (REs)" stipulates that all data, including logs and any other information relating to the regulated entity, which is stored or processed in a cloud environment must remain within the territorial jurisdiction of India. A regulated entity refers to SEBI-registered or recognised intermediaries, such as brokers, mutual funds, KYC registration agencies, and qualified registrars to an issue (QRTAs), as well as market infrastructure institutions, including stock exchanges, clearing corporations, and depositories, all of which are subject to SEBI regulation.
Coverage Financial sector

INDIA

Since November 2023

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Pension Fund Regulatory and Development Authority (PFRDA) Circular No. PFRDA/2023/33/ICS/01 - Policy on adoption of cloud services by intermediaries regulated by PFRDA
Section 5.e of the Annexure to Circular No. PFRDA/2023/33/ICS/01 stipulates that entities regulated by the Pension Fund Regulatory and Development Authority (PFRDA) are required to ensure that all data storage and processing activities, including logs and any other information pertaining to the intermediary hosted on cloud infrastructure, are conducted strictly within the territorial jurisdiction of India.
Coverage Pension services sector

INDIA

Since May 2025

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Reserve Bank of India (Digital Lending) Directions, 2025
Section 13.4 of the "Reserve Bank of India (Digital Lending) Directions, 2025" stipulates that regulated entities must ensure that all data are stored exclusively on servers located within India. Where data are processed outside India, such data must be deleted from servers located abroad and repatriated to India within 24 hours of completion of processing. These requirements apply to all commercial banks; all primary (urban) co‑operative banks, state co‑operative banks, and central co‑operative banks; all non-banking financial companies, including housing finance companies; and all all‑India financial institutions.
Previously, pursuant to Section 4.4.2.2 of Annex 1 of the Regulatory Framework for Digital Lending, entities were required to ensure that all data were hosted on servers located within India, in strict adherence to applicable regulatory directives and legal obligations. This framework was introduced by the Reserve Bank of India, drawing upon the recommendations of the Working Group on Digital Lending, which examined lending practices conducted through online platforms and mobile applications.
Coverage Financial sector

INDIA

Since April 2022, entry into force in September 2022

Pillar Cross-border data policies  |  Indicator Local storage requirement
Indian Computer Emergency Response Team (CERT-In) Direction No. 20(3)/2022-CERT-In
Clause IV of Direction No. 20(3)/2022-CERT-In requires all service providers, intermediaries, data centres, body corporates, and government organisations to enable logs of all their ICT systems (that is, chronological record of system activities—a set of logs that can show who did what, when, and how within an ICT system) and to maintain such logs securely for a rolling period of 180 days within India.
Coverage Horizontal

INDIA

Since April 2018

Pillar Cross-border data policies  |  Indicator Local storage requirement
Reserve Bank of India Directive
In April 2018, the Reserve Bank of India (RBI) issued a directive stating that, within six months, all payment data held by payment companies should be held in local facilities. The Directive noted that this would help the RBI gain "unfettered supervisory access" to transaction data, which it needs to ensure proper monitoring.
Following a negative response from international payment companies such as MasterCard, Visa and American Express, the RBI has proposed (in "Frequently Asked Questions" of its website) to ease this restriction so as to allow payment firms to store data offshore as long as a copy was kept in India. The RBI has further clarified that for cross-border transaction data consisting of a foreign component and a domestic component, a copy of the domestic component may be stored abroad if required.
With respect to the processing of payment transactions outside India, the RBI requires that the data must be stored only in India after processing and should be deleted from systems abroad and brought back to India no later than 24 hours after processing. Any subsequent activity, such as settlement processing after payment processing done outside India, must be undertaken on a real-time basis, pursuant to which the data must be stored only in India.
The RBI has clarified that banks, especially foreign banks, can continue to store banking data abroad. Still, with respect to domestic payment transactions, the data must be stored only in India.
Coverage Financial sector

INDIA

Since March 2014, entry into force in April 2014

Pillar Cross-border data policies  |  Indicator Local storage requirement
Companies (Accounts) Rules, 2014
Rule 3.5 of the Companies (Accounts) Rules of 2014 provides that if company books and papers (or backups of them) are kept electronically in any location, they must also be periodically stored on a server physically located in India. 
Coverage Horizontal

INDIA

Since April 2013, last amended in October 2020
Since April 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Consolidated Foreign Direct Investment (FDI) Policy Circular of 2020

Press Note No. 3, 2020 (Review of Foreign Direct Investment (FDI) policy for curbing opportunistic takeovers/acquisitions of Indian companies due to the current COVID-19 pandemic)
India has traditionally implemented FDI screening for investors from Bangladesh and Pakistan. According to Section 3.1.1 of the Consolidated FDI Policy 2020, non-resident entities may invest in India, subject to the conditions specified in the policy, except in prohibited sectors or activities. However, investment by citizens of Bangladesh or Pakistan is permitted solely through government approval. This regulatory requirement has been in effect since the enactment of the Consolidated FDI Policy Circular 2013 (Section 3.1.1).
Notwithstanding this framework, in April 2020, the Ministry of Commerce and Industry introduced the Review of Foreign Direct Investment (FDI) Policy for Curbing Opportunistic Acquisitions of Indian Companies (Press Note 3). Under this policy revision, the FDI regime was expanded to mandate government approval for investments from any entity based in a country that shares a land border with India. Furthermore, the policy stipulates that any direct or indirect transfer of ownership of existing or future FDI in India, which results in a change in beneficial ownership falling within the scope of the conditions set forth in the Press Note, will similarly require government approval.
This legislative adjustment primarily targeted China in response to escalating border tensions between the two nations. Since the introduction of Press Note No. 3, an estimated 150 private equity and venture capital investment applications from China and Hong Kong have remained pending government clearance.
Coverage Investments from Bangladesh, Pakistan and China

INDIA

Since April 2013, last amended in October 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
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

Since September 1970, as amended in March 2005
Since May 2004, entry into force in May 2003, last amended in January 2013

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Patents Act, 1970 (Act No. 39 of 1970, as amended up to Act No. 15 of 2005)

Patents Rules, 2003 (as amended up to Patents (Amendment) Rules, 2012)
According to the Patent Act, 1970 (Act No. 39 of 1970, as amended up to Act No. 15 of 2005) and the Patents Rules, 2003 (as amended up to Patents (Amendment) Rules, 2012), applications for copyright, trademark and patents can be filed online, however, design applications can only be filed in person. Moreover, applicants who do not have a registered place of business in India are required to file applications through an Indian attorney or agent.
Coverage Horizontal

INDIA

Since September 1970, as amended in March 2005
Since May 2004, entry into force in May 2003, last amended in January 2013

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Patents Act, 1970 (Act No. 39 of 1970, as amended up to Act No. 15 of 2005)

Patents Rules, 2003 (as amended up to Patents (Amendment) Rules, 2012)
In 2002, the foreign filing license requirement was introduced in the Indian Patents Act of 1970. This requirement provides that any inventor who is a resident of India should file a patent application for his/her own invention first in India. The patent application can be extended internationally only six weeks after the initial filing date. Alternatively, the inventor is required to obtain the controller’s permission for filing the patent application outside India. However, given that the process is reported as burdensome, applying first in India is the preferred way of complying with these provisions. The violation of such rule results in criminal liability under Section 118 of the Indian Patent Act of 1970, with consequent monetary fine or imprisonment of up to two years, in addition to the impossibility of proceeding with the patent application.
Coverage Horizontal

INDIA

Reported in 2019, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the enforcement of patents
Practical restrictions related to the enforcement of patents
It is reported that the potential threat of patent revocations, lack of presumption of patent validity, and the narrow patentability criteria under the India Patents Act impact companies across different sectors. In addition, it has been reported that courts take a significant amount of time to make a final decision in a patent case. A patent lawsuit ordinarily takes approximately five to seven years to be finally decided after trial if contested by the other party. The Commercial Courts Act is helping to speed up the process with case management hearings and time-bound trials. However, the backlog of cases at the court and the shortage of judicial officers have an impact on the time it takes for a final decision on a case.
Coverage Horizontal

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

Report issue     Report new measure