Cross-Border Healthcare Data Governance: Assessing India's Legal Framework in Light of the European Health Data Space

Author(s)	Faisal Yaseen, Fahaad
Country	India
Abstract	This paper examines India's regulatory architecture for cross-border healthcare data flows under the Digital Personal Data Protection Act, 2023 against the European Union's newly operational European Health Data Space Regulation (EU) 2025/327. It argues that India's jurisdiction-agnostic, “negative-list” approach to data export, combined with the DPDP Act's abandonment of a distinct sensitive-data category, leaves health information without the tiered safeguards that both the erstwhile Sensitive Personal Data or Information Rules and the GDPR-EHDS regime supply. Employing doctrinal methodology, the analysis of constitutional text, statute, and delegated legislation the paper identifies three structural divergences between the regimes and proposes a sector-specific health-data governance instrument for India.
Keywords	Cross-Border Healthcare Data, Health Data Governance, Digital Personal Data Protection Act, 2023, European Health Data Space (EHDS), Cross-Border Data Transfers
Discipline	Other
Published In	Volume 4, Issue 4, July-August 2026
Published On	2026-08-15

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Advanced International Journal of Multidisciplinary Research