Section 3
Application of the Act
Sets the territorial and material reach: digital personal data processed in India, and offshore processing tied to offering goods or services into India.
Read this before you cite anything here
These pages are a plain-English restatement, written to help you find the right provision and understand what it asks of you. They are not the text of the statute, and nothing here should be quoted as though it were. Section and rule numbers are exact, and every page names its source.
What it says
- (a)
- It applies to processing of digital personal data within India, whether the data was collected in digital form or collected on paper and digitised afterwards.
- (b)
- It also applies to processing outside India where that processing is connected to any activity relating to offering goods or services to Data Principals in India.
- (c)
- It does not apply to personal data processed by an individual for a personal or domestic purpose, or to personal data the Data Principal has made publicly available herself, or that another person was legally obliged to make public.
In practice
Clause (b) is the one that reaches foreign companies. A business with no Indian entity, no Indian server and no Indian employee is still inside the Act if it sells to people in India. Clause (a) also closes the paper loophole: scanning a signed form brings it in.
Read next
The DPDP brief
One email a month. What moved in the Act, and what our scans found.
Section 3 is live. One email a month on what moved in the Act, every claim cited to its section, the same way this page is.
