India-UK Free Trade Agreement: Balancing Data Protection and Economic Interests

The India-UK Comprehensive Economic and Trade Agreement includes provisions for reviewing data flows and localisation to align with future data protection rules. It does not currently require source code access from the UK. Signed in July, the agreement will be implemented next year.

The India-UK Comprehensive Economic and Trade Agreement (CETA) contains clauses to review cross-border data flows and localisation, informed India's Parliament. This review will ensure compliance with the evolving Digital Personal Data Protection Rules, set to take effect in 2025.

Minister of State for Commerce and Industry, Jitin Prasada, highlighted that no data-localisation articles are currently included in the CETA with the UK. The cautious framework underlines the importance of safeguarding local data in the agreement, signed last July.

While the agreement prohibits mandatory disclosure of software source code for business operations, exceptions are in place for scenarios requiring government procurement, infrastructure needs, or regulatory authority intervention. This balance aims to protect intellectual property while fostering trade relations.