Compare countries

Two or three countries, side by side, one row per question. Pick up to 3.

Countries

AustraliaChecked 18 August 2026

Depends on your industryWork: MediumEnforcement: Active

In one paragraph: Australia has no general rule that data must stay in the country. You may send personal information anywhere, and no destination is banned. The catch is that you stay legally responsible for whatever your overseas supplier does with it. Small businesses under A$3 million turnover are exempt from the main privacy law. Specific industries are far stricter, and one of them carries a prison sentence.
The catch: The relaxed headline stops the moment you touch six areas. National electronic health records may not leave Australia at all, and taking them offshore is a crime punishable by five years in prison. Banks and insurers must tell the banking regulator before any offshore arrangement. Open banking data, critical infrastructure data, Australian Government hosting and Queensland state government data each have their own rules. Check your sector before you believe the headline.
Does this apply to me?: Yes, it reaches you even with no office in Australia. The national privacy law applies to any organisation that carries on business in Australia, whether or not the data is collected or stored here. But Australia has something most countries do not: a real size threshold you can fall below. A business with annual turnover of A$3 million (about US$2 million) or less is generally exempt. That exemption has big holes: it does not apply if you provide a health service, if you buy or sell personal information, or if you supply services under a federal government contract. No local representative and no registration are required.High confidence
Can the data leave the country?: In general, yes. Australia has no national law saying personal data must be kept in the country, and no country is blacklisted. You can pick any cloud region you like. What you cannot do is hand off the risk: if your overseas supplier does something with the data that would break Australian rules, the law treats that as your own breach. The hard walls are industry by industry, and the health one is absolute.High confidence
What do I have to do to send it abroad?: Before data leaves, you must take reasonable steps to make sure the overseas recipient will handle it the Australian way. In practice that means a contract with the right promises in it. There is no government form to file, no approval to wait for, and no list of approved countries to check. A power to approve countries was switched on in December 2024, but as of today the government has not named a single one. The alternative routes are narrow: you can rely on the recipient already being covered by a substantially similar law, or on the person's informed consent after you warn them you will no longer be responsible.High confidence
Who enforces this — and are they actually working?: The Office of the Australian Information Commissioner. It is staffed, it has a sitting Privacy Commissioner, and it is issuing decisions. In October 2025 the Federal Court ordered a pathology company to pay A$5.8 million (about US$3.8 million), the first court penalty in the law's history. The regulator sued Optus in August 2025, settled with Meta for A$50 million in December 2024, and in June 2026 alone published formal findings against Optus, American Express and two health providers. Banking, cyber security, online safety and open banking each have their own separate regulator, and all of them are working.High confidence
How long must I keep it, and when must I delete it?: There is a floor and a ceiling and they pull in opposite directions. The clearest floor is telecoms: phone and internet providers must keep call and connection records for two years, and must encrypt them. The general ceiling has no number attached — you must destroy or de-identify personal information once you genuinely no longer need it. Two ceilings are sharp. A social media platform must destroy age-check information as soon as it has finished using it. A digital identity provider must destroy a face or fingerprint scan immediately after the identity check is complete.High confidence
What happens when something goes wrong?: Count four clocks, because they run at different speeds. If you pay a ransom and your Australian turnover is above A$3 million (about US$2 million), you have 72 hours to report the payment to the government. If you run critical infrastructure, you have 12 hours for an attack that seriously hits availability, and 72 hours for a lesser one. If you are a bank, insurer or superannuation fund, you have 72 hours for a security incident and only 24 hours if a critical service goes down beyond tolerance. For an ordinary personal data breach you get up to 30 days to assess whether it is serious, then you must tell the regulator and the affected people as soon as you practically can. There is no fixed hour count for that last one, which is the part people get wrong.High confidence
What's the trap?: Five things that will cost you a weekend. First, moving national electronic health record data offshore is a crime, not a fine: up to five years in prison. Second, you never stop owning your supplier's mistakes — a major bank had to get a special ruling from the Privacy Commissioner just to keep processing international money transfers. Third, since December 2025 social media platforms must keep under-16s off the service and then destroy the age-check data they collected. Fourth, Queensland's rule for state government data is stricter than the national one and is hidden in section 33 of the Act, not in the numbered principles — the principle numbered 8 says there is no equivalent. Fifth, the value of a penalty unit rose to A$364 (about US$240) on 1 July 2026, so every fine figure you looked up before then is now understated.High confidence
What's about to change?: One date dominates: 10 December 2026. On that day privacy policies must start explaining computer-made decisions that significantly affect people, and the new Children's Online Privacy Code must be finalised and registered. The draft of that code was out for public comment from 31 March to 5 June 2026. Further out, the tougher critical infrastructure duties made in June 2026 start biting from mid-2027 and mid-2028 as their grace periods run out. Watch three switches the government already holds and can flip with no consultation.High confidence
Hardest industry wall: Health and social care — My Health Records Act 2012, section 77

IndiaChecked 18 August 2026

Depends on your industryWork: HighEnforcement: Waking up

In one paragraph: India's general privacy law is unusually relaxed about sending data abroad — it bans transfers only to countries on a government blacklist, and that blacklist is currently empty. But specific industries have hard walls: payments data, insurance records and telecom network data must stay inside India. The main law is passed but most of it only becomes enforceable in May 2027, and the regulator has no members yet.
The catch: The permissive headline is true only until you touch payments, insurance, telecom infrastructure, government cloud, public-health records or detailed mapping data. In those six areas India is one of the strictest jurisdictions in the world.
Does this apply to me?: Yes, it reaches you even with no office in India. The law applies to any organisation anywhere in the world that processes Indians' data in connection with offering goods or services to people in India. There is no size or revenue threshold to fall below.High confidence
Can the data leave the country?: In general, yes — freely. India's approach is a blacklist: the government may name countries you cannot send data to, and as of today it has named none. Six industries are the exception and are covered below.High confidence
What do I have to do to send it abroad?: Nothing to sign, no government approval, no standard contract. Unlike Europe, India requires no paperwork to send personal data abroad under the general law — the only question is whether the destination is on the blacklist, and nothing is. Sector rules override this completely.High confidence
Who enforces this — and are they actually working?: On paper, the Data Protection Board of India. In practice, nobody yet — the Board legally exists but as of August 2026 has no chairperson and no members. The government advertised the five posts in May 2026 and re-advertised in June, and they were still vacant in August. Sector regulators, by contrast, are fully active: the central bank, the insurance and securities regulators, the telecom department and the national cyber agency all enforce today.High confidence
How long must I keep it, and when must I delete it?: There is both a floor and a ceiling. From May 2027 every organisation must keep processing logs for at least one year. Tax records run six years, company books eight, and security logs 180 days. In the other direction, large consumer platforms must delete a user's data three years after they last engaged — with 48 hours' warning to the user first.High confidence
What happens when something goes wrong?: Two clocks, and this trips up almost everyone. You have SIX HOURS to report a cyber incident to India's national cyber agency — one of the shortest deadlines in the world. Separately, from May 2027, you must tell the privacy regulator and affected individuals without delay, then file a detailed report within 72 hours.High confidence
What's the trap?: Four things that catch people out. (1) A child is anyone under 18 — there is no lower age of digital consent as there is in Europe, and targeted advertising to under-18s is banned outright. (2) A consent manager must be an Indian company with about $2.3m of net worth, so a foreign entity cannot be one. (3) If designated a 'significant' organisation you must have a data protection officer physically based in India who answers to the board. (4) The general law expressly preserves stricter sector rules, so its liberal transfer regime gives you nothing if you touch payments, insurance or telecom.High confidence
What's about to change?: Three dates matter. 13 November 2026: consent managers must register. 13 May 2027: the whole law becomes enforceable, and the government has publicly refused to extend it or exempt startups. At some point before then, the Board should get its members — at which point enforcement switches on.High confidence
Hardest industry wall: Payments — Storage of Payment System Data
Telecoms — Telecommunications (Authorisation) Rules, 2026
Insurance — IRDAI (Maintenance of Information by Regulated Entities and Sharing of Information by the Authority) Regulations, 2025
Securities — Cybersecurity and Cyber Resilience Framework, control PR.DS.S2
All industries — Directions under section 70B(6) of the Information Technology Act, 2000

The eight framework questions answered for each selected country
Question	AustraliaChecked 18 August 2026	IndiaChecked 18 August 2026
The three ratings	Depends on your industry Work: Medium Enforcement: Active	Depends on your industry Work: High Enforcement: Waking up
In one paragraph	Australia has no general rule that data must stay in the country. You may send personal information anywhere, and no destination is banned. The catch is that you stay legally responsible for whatever your overseas supplier does with it. Small businesses under A$3 million turnover are exempt from the main privacy law. Specific industries are far stricter, and one of them carries a prison sentence.	India's general privacy law is unusually relaxed about sending data abroad — it bans transfers only to countries on a government blacklist, and that blacklist is currently empty. But specific industries have hard walls: payments data, insurance records and telecom network data must stay inside India. The main law is passed but most of it only becomes enforceable in May 2027, and the regulator has no members yet.
The catch	The relaxed headline stops the moment you touch six areas. National electronic health records may not leave Australia at all, and taking them offshore is a crime punishable by five years in prison. Banks and insurers must tell the banking regulator before any offshore arrangement. Open banking data, critical infrastructure data, Australian Government hosting and Queensland state government data each have their own rules. Check your sector before you believe the headline.	The permissive headline is true only until you touch payments, insurance, telecom infrastructure, government cloud, public-health records or detailed mapping data. In those six areas India is one of the strictest jurisdictions in the world.
Does this apply to me?	Yes, it reaches you even with no office in Australia. The national privacy law applies to any organisation that carries on business in Australia, whether or not the data is collected or stored here. But Australia has something most countries do not: a real size threshold you can fall below. A business with annual turnover of A$3 million (about US$2 million) or less is generally exempt. That exemption has big holes: it does not apply if you provide a health service, if you buy or sell personal information, or if you supply services under a federal government contract. No local representative and no registration are required.High confidence	Yes, it reaches you even with no office in India. The law applies to any organisation anywhere in the world that processes Indians' data in connection with offering goods or services to people in India. There is no size or revenue threshold to fall below.High confidence
Can the data leave the country?	In general, yes. Australia has no national law saying personal data must be kept in the country, and no country is blacklisted. You can pick any cloud region you like. What you cannot do is hand off the risk: if your overseas supplier does something with the data that would break Australian rules, the law treats that as your own breach. The hard walls are industry by industry, and the health one is absolute.High confidence	In general, yes — freely. India's approach is a blacklist: the government may name countries you cannot send data to, and as of today it has named none. Six industries are the exception and are covered below.High confidence
What do I have to do to send it abroad?	Before data leaves, you must take reasonable steps to make sure the overseas recipient will handle it the Australian way. In practice that means a contract with the right promises in it. There is no government form to file, no approval to wait for, and no list of approved countries to check. A power to approve countries was switched on in December 2024, but as of today the government has not named a single one. The alternative routes are narrow: you can rely on the recipient already being covered by a substantially similar law, or on the person's informed consent after you warn them you will no longer be responsible.High confidence	Nothing to sign, no government approval, no standard contract. Unlike Europe, India requires no paperwork to send personal data abroad under the general law — the only question is whether the destination is on the blacklist, and nothing is. Sector rules override this completely.High confidence
Who enforces this — and are they actually working?	The Office of the Australian Information Commissioner. It is staffed, it has a sitting Privacy Commissioner, and it is issuing decisions. In October 2025 the Federal Court ordered a pathology company to pay A$5.8 million (about US$3.8 million), the first court penalty in the law's history. The regulator sued Optus in August 2025, settled with Meta for A$50 million in December 2024, and in June 2026 alone published formal findings against Optus, American Express and two health providers. Banking, cyber security, online safety and open banking each have their own separate regulator, and all of them are working.High confidence	On paper, the Data Protection Board of India. In practice, nobody yet — the Board legally exists but as of August 2026 has no chairperson and no members. The government advertised the five posts in May 2026 and re-advertised in June, and they were still vacant in August. Sector regulators, by contrast, are fully active: the central bank, the insurance and securities regulators, the telecom department and the national cyber agency all enforce today.High confidence
How long must I keep it, and when must I delete it?	There is a floor and a ceiling and they pull in opposite directions. The clearest floor is telecoms: phone and internet providers must keep call and connection records for two years, and must encrypt them. The general ceiling has no number attached — you must destroy or de-identify personal information once you genuinely no longer need it. Two ceilings are sharp. A social media platform must destroy age-check information as soon as it has finished using it. A digital identity provider must destroy a face or fingerprint scan immediately after the identity check is complete.High confidence	There is both a floor and a ceiling. From May 2027 every organisation must keep processing logs for at least one year. Tax records run six years, company books eight, and security logs 180 days. In the other direction, large consumer platforms must delete a user's data three years after they last engaged — with 48 hours' warning to the user first.High confidence
What happens when something goes wrong?	Count four clocks, because they run at different speeds. If you pay a ransom and your Australian turnover is above A$3 million (about US$2 million), you have 72 hours to report the payment to the government. If you run critical infrastructure, you have 12 hours for an attack that seriously hits availability, and 72 hours for a lesser one. If you are a bank, insurer or superannuation fund, you have 72 hours for a security incident and only 24 hours if a critical service goes down beyond tolerance. For an ordinary personal data breach you get up to 30 days to assess whether it is serious, then you must tell the regulator and the affected people as soon as you practically can. There is no fixed hour count for that last one, which is the part people get wrong.High confidence	Two clocks, and this trips up almost everyone. You have SIX HOURS to report a cyber incident to India's national cyber agency — one of the shortest deadlines in the world. Separately, from May 2027, you must tell the privacy regulator and affected individuals without delay, then file a detailed report within 72 hours.High confidence
What's the trap?	Five things that will cost you a weekend. First, moving national electronic health record data offshore is a crime, not a fine: up to five years in prison. Second, you never stop owning your supplier's mistakes — a major bank had to get a special ruling from the Privacy Commissioner just to keep processing international money transfers. Third, since December 2025 social media platforms must keep under-16s off the service and then destroy the age-check data they collected. Fourth, Queensland's rule for state government data is stricter than the national one and is hidden in section 33 of the Act, not in the numbered principles — the principle numbered 8 says there is no equivalent. Fifth, the value of a penalty unit rose to A$364 (about US$240) on 1 July 2026, so every fine figure you looked up before then is now understated.High confidence	Four things that catch people out. (1) A child is anyone under 18 — there is no lower age of digital consent as there is in Europe, and targeted advertising to under-18s is banned outright. (2) A consent manager must be an Indian company with about $2.3m of net worth, so a foreign entity cannot be one. (3) If designated a 'significant' organisation you must have a data protection officer physically based in India who answers to the board. (4) The general law expressly preserves stricter sector rules, so its liberal transfer regime gives you nothing if you touch payments, insurance or telecom.High confidence
What's about to change?	One date dominates: 10 December 2026. On that day privacy policies must start explaining computer-made decisions that significantly affect people, and the new Children's Online Privacy Code must be finalised and registered. The draft of that code was out for public comment from 31 March to 5 June 2026. Further out, the tougher critical infrastructure duties made in June 2026 start biting from mid-2027 and mid-2028 as their grace periods run out. Watch three switches the government already holds and can flip with no consultation.High confidence	Three dates matter. 13 November 2026: consent managers must register. 13 May 2027: the whole law becomes enforceable, and the government has publicly refused to extend it or exempt startups. At some point before then, the Board should get its members — at which point enforcement switches on.High confidence
Hardest industry wall	Health and social care — My Health Records Act 2012, section 77	Payments — Storage of Payment System Data Telecoms — Telecommunications (Authorisation) Rules, 2026 Insurance — IRDAI (Maintenance of Information by Regulated Entities and Sharing of Information by the Authority) Regulations, 2025 Securities — Cybersecurity and Cyber Resilience Framework, control PR.DS.S2 All industries — Directions under section 70B(6) of the Information Technology Act, 2000