Data localisation

Data localisation is a legal requirement that certain data, typically personal data or payment transaction data, be stored or processed on systems inside a given country, sometimes with copies allowed abroad and sometimes not.

Also called: data localization, data residency, personal data localisation, data localisation law, data sovereignty

Updated

On this page4 sections

How does data localisation work?

Rules differ by country in what data they cover, who must comply and whether copies may leave. DLA Piper’s data protection guide says Russia has, since 2015, required operators to store and process personal data of Russian individuals in databases located in Russia, with processing abroad possible if the initial storage and processing happen there. For Kazakhstan, the same guide says personal data should be stored in databases located in Kazakhstan, and that cross-border transfers are limited. Some rules cover payment data rather than personal data: the Reserve Bank of India’s 2018 circular requires payment system providers to store the entire data relating to the payment systems they operate in a system only in India, while allowing the foreign leg of a transaction to be stored abroad too.

Why does it matter for payments?

It limits which providers a merchant can use in a market. A PSP or token vault hosted only abroad may not meet a local rule, so merchants often need a provider with in-country infrastructure. As an illustrative example: a merchant sells 300,000 euros a month in a country with a strict localisation rule. If only two of its five connected PSPs store data in the country, all of that volume has to go through those two, and routing rules must make sure it does.

What are the limits?

Requirements change and have exceptions. DLA Piper lists website blocking and fines of up to 18,000,000 roubles for repeat violations in Russia. Whether a rule reaches a foreign merchant with no local presence is often unclear, so merchants should take local legal advice before entering a market.

Where does Omno use it?

Omno does not give legal advice, and where data must stay depends on the law and the providers involved. Eligibility rules filter providers by country and payment method, so traffic for a market can be limited to providers that meet its rules, and the routing-decision log records which provider processed each payment.

Frequently asked questions

Is data localisation the same as a ban on cross-border transfers?

Not always. Some rules require the first or main copy of the data to be kept in the country but allow transfers abroad under conditions. DLA Piper's guide, for example, describes Russian law as allowing processing abroad if the initial storage and processing take place in Russia. Other rules restrict transfers much more tightly. Each country has to be checked on its own terms.

Does tokenization solve data localisation?

It can reduce the problem but does not remove it. A token is not the card number, but the vault that holds the real card data, and any customer data sent with the payment, still sit somewhere. Whether that location meets a local rule depends on the rule and on the provider, so legal advice is needed.

esc
↑↓ to move ↵ to open All results