Is GDPR Applicable to Indian Companies? Understanding Cross-Border Data Protection

Is GDPR Applicable to Indian Companies? Understanding Cross-Border Data Protection

Yes, GDPR applies to Indian companies in specific situations. Let's break down when and how this affects your business.

When Does GDPR Apply to Indian Companies?

• Your company offers goods or services to EU residents (Example: An Indian e-commerce site that ships products to Europe)

• Your company monitors the behavior of EU residents (Example: An Indian analytics company tracking European website visitors)

• Your company processes data on behalf of EU-based organizations (Example: An Indian IT service provider managing customer data for European clients)

Real Examples of GDPR ApplicationConsider these scenarios:

• An Indian software company developing apps for European customers must implement GDPR-compliant data collection practices

• A Bangalore-based call center handling customer service for EU businesses needs to follow GDPR guidelines for data storage and processing

• An Indian healthcare research firm conducting studies with EU patient data must meet GDPR requirements for sensitive data handling

Key Requirements for Indian CompaniesIf GDPR applies to your company, you need to:

• Appoint a Data Protection Officer if processing large-scale data

• Maintain records of all data processing activities

• Report data breaches within 72 hours

• Obtain explicit consent for data collection

Consequences of Non-ComplianceThe stakes are high. Non-compliance can result in:Type of ViolationMaximum FineBasic non-compliance€10 million or 2% of global revenueSevere violations€20 million or 4% of global revenueCross-Border Data Protection Tips

• Document all data processing activities involving EU residents

• Update privacy policies to meet GDPR standards

• Train staff handling EU customer data

• Implement data protection measures from the design stage

‍