Cross-Border Data Flow in Social Media and OTT Platforms: Telecom and Privacy Law Perspective

Anjali Saini; Ashutosh Mishra

Cross-Border Data Flow in Social Media and OTT Platforms: Telecom and Privacy Law Perspective

Author(s)	Ms. Anjali Saini, Prof. Ashutosh Mishra
Country	India
Abstract	The contemporary digital economy is fundamentally dependent on the transnational movement of data. Social media platforms and Over-the-Top (OTT) service providers routinely transfer, process, monetize, and analyze personal information across multiple jurisdictions through cloud infrastructures, content delivery networks, targeted advertising systems, and algorithmic recommendation engines. While cross-border data flows facilitate innovation, economic growth, and seamless digital communication, they simultaneously generate complex legal concerns relating to privacy, surveillance, national security, data sovereignty, jurisdictional conflicts, and regulatory accountability. The convergence of telecommunications infrastructure and internet-based communication services has further blurred the distinction between telecom operators and digital platforms, thereby intensifying regulatory debates. This paper examines the legal architecture governing cross-border data flow in social media and OTT platforms from the perspective of telecom regulation and privacy law. It critically analyses the Indian legal framework, particularly the Digital Personal Data Protection Act, 2023 (DPDP Act), the Telecommunications Act, 2023, and intermediary liability obligations under the Information Technology Act, 2000. The paper also comparatively evaluates international legal models including the European Union General Data Protection Regulation (GDPR), the United States sectoral approach, and emerging global data localization trends. The research argues that the future of digital governance depends upon achieving a calibrated balance between free flow of data, individual privacy rights, state sovereignty, and innovation in the digital economy. The paper concludes by recommending a harmonized, rights-based, and interoperable regulatory framework capable of addressing the legal challenges arising from cross-border digital communication ecosystems.
Keywords	Cross-border data flow, OTT platforms, social media, privacy law, telecommunications law, data localization, DPDP Act, GDPR,
Published In	Volume 8, Issue 3, May-June 2026
Published On	2026-06-08

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Cross-Border Data Flow in Social Media and OTT Platforms: Telecom and Privacy Law Perspective

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