Legal Register

ACT-16 Tranche 3 (13 May 2027) — Core Operating Cliff Status: scheduled, not yet operative

Section 16: Offshore processing/transfer

Separate from general s38 conflict rule; a contract cannot override a binding restriction.

Regulated Actor: Central Government; Data Fiduciary

Gazette Baseline: Lines 515–522

Official Gazette PDF

Statutory Trigger

Offshore processing/transfer

Applies to: Central Government; Data Fiduciary

Substantive Conditions

Government may notify destination restrictions.

Statutory Exceptions

s16(2) preserves higher protection/restriction in other Indian law for transfers.

Official Gazette Text (Verbatim Publication)

Ministry of Law and Justice publication, Digital Personal Data Protection Act, 2023.

ACT-16

16. (1) The Central Government may, by notification, restrict the transfer of personal Processing of data by a Data Fiduciary for processing to such country or territory outside India as may be personal data so notified. outside India. (2) Nothing contained in this section shall restrict the applicability of any law for the time being in force in India that provides for a higher degree of protection for or restriction on transfer of personal data by a Data Fiduciary outside India in relation to any personal data or Data Fiduciary or class thereof.

Mapped Operational Controls (3)

Enterprise obligations in the Control Master Matrix grounded in this statutory provision.

OBL-22 SPEC-Q10-OBL-22

Cross-Border Data Transfer Governance (Rule 15)

Enforces cross-border transfer blacklists, adequacy checks, and contractual transfer terms.

Owner: Architecture / sector Legal Open Workpaper →

OBL-43 SPEC-Q10-OBL-43

Notified Cross-Border Transfer Restrictions (Section 16(1))

Blocks personal data transfers to countries blacklisted or restricted by the Central Government.

Owner: Architecture / sector Legal Open Workpaper →

OBL-44 SPEC-Q10-OBL-44

Sectoral Higher Transfer Standards Saving (Section 16(2))

Preserves stricter sectoral data localization and transfer mandates (RBI, SEBI, IRDAI).

Owner: Architecture / sector Legal Open Workpaper →

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