Chartered Accountants◆Practising since 2016

Hong Kong to India · Data

Personal data between Hong Kong and India

CA Utsav Dogra, Chartered Accountant, ICAI M. No. 542375 · Updated

In brief

Hong Kong's PDPO governs personal data; contracts set the safeguards for transfers to India. In India, the subsidiary's own processing falls under the Digital Personal Data Protection Act, 2023, with Rules notified in November 2025, most duties applying from 13 May 2027 and penalties up to ₹250 crore.

What is specific to Hong Kong companies

The PDPO cross-border transfer section is not in force, but the regulator recommends model clauses.

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How SU and Company helps

We cover the Indian tax, FEMA and governance side and work alongside the group's legal counsel.

  • Tax and FEMA review of contract terms
  • Internal controls and documentation in the Indian company
  • Coordination with counsel on data protection

Questions

Does the DPDP Act apply to data of people outside India?

Some duties are relaxed where Indian entities process non-residents' data under a contract with a foreign party, but security duties remain.

General information as at 5 November 2026, not advice for a particular case. Indian and Hong Kong rules change often; confirm the current position before acting. Hong Kong law points should be confirmed with a Hong Kong adviser.

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