Data protection and privacy: choices before India

Cross-border data flows are increasingly becoming a key determinant for claiming a country’s share in the global digital trade. Countries are enacting new data protection regulations or amending existing laws, developing multilateral trade agreements concerning data flows (Trans Pacific Partnership, Transatlantic Trade and Investment Partnership). Or they are trying to create regional harmonies—such as through the Regional Comprehensive Economic Partnership (RCEP)—to emerge as lucrative destinations for digital investments. Nasscom-DSCI’s vision to establish India as a cybersecurity hub or as a cloud hub could be constrained because of an inadequate data protection regime.