VPN services operating in the India

The capability of a VPN to operate in India has been drastically reshaped by recent government regulations, creating a unique environment where the technology is legal, but the core privacy promise of many services has been undermined if they operate locally.

Legal Status: Legal, but Mandated Data Logging

• Legality: Using a VPN for personal security, remote work, or general browsing is not illegal for individuals in India.
• The Caveat (The CERT-In Directive): In 2022, the Indian Computer Emergency Response Team (CERT-In) issued new cybersecurity rules. These rules mandate that any VPN provider with physical servers located within India’s borders must:
  • Collect and Store User Data: Log and store extensive customer data, including validated names, physical addresses, email addresses, phone numbers, the purpose of using the service, and IP addresses (both the user’s original and the VPN’s assigned IP).
  • Retention Period: Retain this data for a minimum of five years, even after a customer cancels their subscription.
  • Reporting: Report certain cyber incidents to CERT-In within six hours.

The Impact on Capability and Privacy

This data retention law fundamentally conflicts with the “no-logs” policy that forms the basis of most privacy-focused VPNs:

• VPN Provider Response: In response to this directive, major global VPN providers removed their physical servers from India. They chose to exit the local market rather than compromise their no-logs promise.
• Privacy Compromise (Local Servers): For any VPN that chose to comply and keep physical servers in India, the capability to offer user anonymity is severely compromised. If you connect to an Indian server hosted physically in India, your data is subject to mandatory logging and can be provided to authorities upon request.
• App Availability: There have also been reports of some VPN apps being removed from Indian app stores for non-compliance, which can affect the ease of download and update.

Modern VPN Capability in India

The capability of a premium VPN to operate privately in India now relies on its ability to offer an Indian IP address without using a server physically located there.

In Summary: VPNs are legal in India. However, the 2022 CERT-In data retention rules mean that any VPN using servers physically located inside India is legally required to log and store extensive user data for five years, negating its primary privacy benefit. The best capability is offered by premium VPNs that have withdrawn their physical servers and now provide Indian IP addresses via virtual servers hosted in privacy-friendly jurisdictions.

VPNs for India

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