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3 of 3|Cross Border Data Transfer
video 15 min•Transfer Rules
International Vendors
Managing third-party vendors that process data outside India.
🎯 Learning Objectives
- ▸ Understand the obligations for international vendors
- ▸ Learn how to structure contracts for foreign vendors
The Global Workforce
Indian companies often use global outsourcing. When a foreign vendor accesses data, it constitutes a cross-border transfer. The DPDPA requires that the Data Fiduciary remain liable for the vendor's compliance.
Contracts with foreign vendors must include a clause requiring the vendor to comply with the DPDPA, even if they are located in a foreign jurisdiction.
📖 Glossary
- Outsourcing
- The practice of having certain job functions done outside a company instead of having an in-house department or employee handle them.
🔑 Key Takeaways
- Foreign vendors are Data Processors.
- The Data Fiduciary is liable for the vendor's actions.
- Contracts must specify jurisdiction and compliance with DPDPA.
📚 Further Reading
- DPDPA Section 8(2) — Government of India (2023)
Course Author
Shilpi Kulshrestha
Shilpi is a corporate lawyer with over a decade of experience in data protection, company law, and regulatory compliance. She has advised 50+ startups and enterprises on DPDPA readiness, privacy gover...