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Evaluating Global CBPR, PRP, and CAPE for India’s Personal Data Protection Ecosystem
Evaluating Global CBPR, PRP, and CAPE for India’s Personal Data Protection Ecosystem

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As India moves towards implementation of the Digital Personal Data Protection Act (DPDPA), 2023, there is increasing interest in how international frameworks such as the Global Cross-Border Privacy Rules (CBPR), the Privacy Recognition for Processors (PRP), and the Cooperation Arrangement for Privacy Enforcement (CAPE) may be relevant in the Indian context.

A recent White Paper prepared by Nasscom seeks to provide a factual analysis of these frameworks, their structure, obligations, and how they may align with the DPDPA. The paper is a follow up to technical workshop Nasscom convened in collaboration with Ministry of Electronics and Information Technology (MEITY) and Ministry of External Affairs (MEA) during 19-21 September, 2024 to examine the Global CBPR framework and its relevance for India (blog).

The paper does not recommend a particular course of action but outlines issues that stakeholders may need to consider.

For Indian firms engaged in global service delivery, including SMEs and processors, the paper explore if:

  • certification under CBPR or PRP help address client expectations in key export markets such as the US, Japan, and Singapore?
  • the CBPR certification could serve as a module that enables interoperability with the requirements in key markets, including as a step towards EU's BCR certification?
  • PRP certification could serve as a useful addition to the accountability in global supply chains, particularly where direct statutory obligations under Indian law are limited?

For government and regulatory authorities, it examines if:

  • participation in CAPE can provide a practical basis for cross-border enforcement cooperation under existing provisions of the DPDPA? 
  • What legal or institutional changes would be required, if any, to enable participation?

For foreign multinational companies with operations in India:

  • would access to CBPR- or PRP-certified partners within India help meet internal compliance needs or support risk assessments?
  • could it help strengthen trust towards international processing of data from India?

The paper also considers the question: Given that the DPDPA does not impose default restrictions on cross-border data transfers, what incremental value—might certification offer in terms of trust, efficiency, or oversight?

While adoption of these frameworks globally is still at an early stage, the paper explores whether a phased engagement—beginning with CAPE and considering CBPR/PRP at a later stage—could be a workable model. It presents this as one of several possibilities, without taking a normative view.

The paper is intended as a reference for industry, policymakers, and regulators to assess the trade-offs, gaps, and interoperability considerations grounded in India’s evolving data protection framework. Nasscom will continue to engage with these stakeholders as well as the Global CBPR forum participants to enable India's efforts towards enabling interoperability, to the extent possible, in personal data protection frameworks across key markets for India's digital trade.

The full paper is available for those seeking to examine the analysis in detail.


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WhitePaper_CBPR_Nasscom_2025.pdf

ashish.aggarwal

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