Data Localisation and Cross Border SaaS Business Compliance

ABSTRACT This research paper endeavours to examine the way data is collected, processed and stored within the Indian Digital; ecosystems with particular emphasis on the legislative frameworks governing the privacy of citizens of India. It further seeks to analyse the regulatory mechanisms that govern cross-border transfer of data, and the obligation imposed upon the Central Government when permitting the transfer of sensitive data beyond national territories. Additionally, the paper explores the extent to which cross-border SaaS enterprises adhere to the principles of data sovereignty and remain compliant with the statutory mandates prescribed by the Government of India while processing sensitive personal data.
The paper adopts a doctrinal research methodology, drawing upon an exhaustive analysis of relevant statutes, judicial precedents, and ancillary legal material to substantiate its findings. During the research, a multitude of findings has surfaced, each of which shall be examined and deliberated upon in the subsequent sections of this paper.