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

Section 3: India processing or offshore goods/services connection

Publicly accessible does not by itself meet the public-data exclusion.

Regulated Actor: Person processing digital personal data
Gazette Baseline: Lines 135–157
Statutory Trigger

India processing or offshore goods/services connection

Applies to: Person processing digital personal data

Substantive Conditions

Includes later-digitised collection; offshore nexus is principals within India, not Indian citizenship.

Statutory Exceptions

Individual personal/domestic use; principal-made public data or legally obliged publication by another.

Official Gazette Text (Verbatim Publication)

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

ACT-3
3. Subject to the provisions of this Act, it shall— Application of Act. (a) apply to the processing of digital personal data within the territory of India where the personal data is collected–– (i) in digital form; or (ii) in non-digital form and digitised subsequently; (b) also apply to processing of digital personal data outside the territory of India, if such processing is in connection with any activity related to offering of goods or services to Data Principals within the territory of India; 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (c) not apply to— (i) personal data processed by an individual for any personal or domestic purpose; and (ii) personal data that is made or caused to be made publicly available by— (A) the Data Principal to whom such personal data relates; or (B) any other person who is under an obligation under any law for the time being in force in India to make such personal data publicly available. Illustration. X, an individual, while blogging her views, has publicly made available her personal data on social media. In such case, the provisions of this Act shall not apply.