Skip to main content
comparison schedule 13 min read

DPDP Act vs GDPR: A Detailed Comparison for Businesses Operating in India and Europe

Side-by-side comparison of India's DPDP Act and EU's GDPR covering consent, rights, penalties, timelines, and scope. What GDPR-compliant companies still need to do.

ZenoComply Team ·

If your business already complies with the EU’s General Data Protection Regulation (GDPR), you might assume that India’s Digital Personal Data Protection Act, 2023 (DPDP Act) is covered. That assumption is wrong — and potentially expensive.

While the DPDP Act borrows concepts from GDPR, it diverges in critical ways. There is no legitimate interest basis for processing. The children’s data threshold is 18, not 16. Consent withdrawal must be processed in 7 days, not 30. And every single data breach must be reported, not just the high-risk ones.

This guide provides a detailed, clause-by-clause comparison so you can identify exactly where your existing GDPR compliance falls short for India.

Master Comparison Table: DPDP Act vs GDPR

AspectDPDP Act (India)GDPR (EU)
Full nameDigital Personal Data Protection Act, 2023General Data Protection Regulation (2016/679)
Effective dateExpected enforcement: May 13, 2027May 25, 2018
ScopeDigital personal data of individuals in IndiaPersonal data of individuals in the EU/EEA
Territorial reachApplies to processing outside India if offering goods/services to individuals in IndiaApplies to processing outside EU if offering goods/services or monitoring behavior in the EU
RegulatorData Protection Board of India (DPBI)National Data Protection Authorities (one per member state) + European Data Protection Board (EDPB)
Data controller termData FiduciaryData Controller
Data processor termData ProcessorData Processor
Data subject termData PrincipalData Subject

Consent is where the DPDP Act and GDPR diverge most sharply. GDPR provides six legal bases for processing personal data. The DPDP Act effectively provides two: consent and certain legitimate uses defined in the Act.

Legal BasisDPDP ActGDPR
ConsentYes — primary basisYes — one of six bases
Legitimate interestNo — does not exist in the DPDP ActYes — balancing test required
Contractual necessityPartially — covered under “certain legitimate uses”Yes — explicit basis
Legal obligationYes — covered under “certain legitimate uses”Yes — explicit basis
Vital interestsYes — medical emergencies coveredYes — explicit basis
Public interest/official authorityYes — State processing coveredYes — explicit basis
Employment purposesYes — covered under “certain legitimate uses”Falls under legitimate interest or contract

What this means for GDPR-compliant companies:

If you rely on “legitimate interest” as your legal basis for any data processing in the EU, you cannot use the same basis in India. You must either:

  1. Obtain explicit consent from Indian Data Principals, or
  2. Fit your processing within one of the narrow “certain legitimate uses” defined in the Act

This affects common scenarios like:

  • Marketing emails to existing customers — Legitimate interest under GDPR, but requires consent under DPDP
  • Fraud detection and prevention — Legitimate interest under GDPR, may need explicit consent under DPDP unless it falls under a permitted use
  • Analytics for business improvement — Often legitimate interest under GDPR, requires consent under DPDP
  • Employee background checks — Legitimate interest under GDPR, needs explicit consent or must fall under employment-related legitimate use under DPDP
RequirementDPDP ActGDPR
Freely givenYesYes
SpecificYesYes
InformedYes — clear notice in plain languageYes — clear and plain language
UnambiguousYesYes
Granular (purpose-specific)Yes — consent for each specified purposeYes — purpose limitation
Affirmative actionYes — no pre-ticked boxesYes — no pre-ticked boxes
Withdrawal mechanismMust be as easy as giving consentMust be as easy as giving consent
Withdrawal processing time7 days (expected per Draft Rules)30 days (without undue delay)
LanguageMust be available in all 22 languages in the Eighth Schedule of the ConstitutionMust be in a language the data subject understands
RecordsMust maintain records of consentMust be able to demonstrate consent

Critical difference — the 7-day withdrawal window: Under GDPR, “without undue delay” has been interpreted as approximately 30 days. The DPDP Act Draft Rules propose a much stricter 7-day window for processing consent withdrawals. This means your systems must be capable of stopping data processing within 7 days of receiving a withdrawal request.

Data Principal Rights vs Data Subject Rights

Both frameworks grant individuals rights over their personal data, but the scope differs.

RightDPDP ActGDPR
Right to accessYes — summary of data and processing activitiesYes — copy of data and processing details
Right to correctionYesYes (Right to rectification)
Right to erasureYes — when data is no longer necessary or consent is withdrawnYes (Right to be forgotten) — broader grounds
Right to portabilityNo — not explicitly providedYes — receive data in machine-readable format
Right to restrict processingNo — not explicitly providedYes
Right to objectNo — withdrawal of consent serves a similar functionYes — including objection to profiling
Right against automated decision-makingNo — not explicitly providedYes — right to human review of automated decisions
Right to grievance redressalYes — designated officer must respondComplaint to DPA
Right to nominationYes — nominate someone to exercise rights after death or incapacityNot explicitly provided (varies by member state)

Key takeaway: The DPDP Act provides a narrower set of individual rights than GDPR. However, the rights it does provide must be taken seriously because the penalty for non-compliance is up to Rs 200 Crore.

The right to nomination is unique to the DPDP Act. Data Principals can nominate another individual to exercise their rights in case of death or incapacity. Your systems must support this.

Children’s Data: A Major Divergence

The treatment of children’s data is one of the starkest differences between the two laws.

AspectDPDP ActGDPR
Age of majority for data processing18 years16 years (member states can lower to 13)
Parental consent requiredYes — verifiable consent from parent/guardianYes — for children below the age threshold
Behavioral tracking of childrenProhibitedRestricted but not outright banned
Targeted advertising to childrenProhibitedRestricted (must not exploit inexperience)
Processing harmful to childrenProhibitedGeneral data protection principles apply
Age verificationRequired (method not specified)Required (method not specified)

What this means in practice:

If your platform has users in India under age 18, you must:

  1. Implement age verification
  2. Obtain verifiable parental or guardian consent for each user under 18
  3. Completely disable behavioral tracking for minors
  4. Completely disable targeted advertising for minors
  5. Not process their data in any manner detrimental to their wellbeing

This is significantly stricter than GDPR. A 17-year-old can independently consent to data processing in most EU countries under GDPR, but in India, their parent or guardian must consent on their behalf.

Industries most affected: Social media, gaming, ed-tech, e-commerce, any platform with a youth user base.

Breach Notification: Stricter in India

India’s approach to breach notification is more demanding than GDPR’s in several ways.

AspectDPDP ActGDPR
Notification to authorityRequired for all personal data breachesRequired only when breach is likely to result in a risk to individuals
Authority notification timeline72 hours to DPBI + 6 hours to CERT-In (existing law)72 hours to the relevant DPA
Notification to individualsRequired for all breachesRequired only for high risk breaches
Individual notification timelineWithout undue delayWithout undue delay
Materiality thresholdNone — all breaches, regardless of severityRisk-based assessment required
Record-keepingRequiredRequired

The critical difference: Under GDPR, you assess each breach to determine if it poses a risk to individuals. Many minor breaches (e.g., a brief unauthorized access with no data exfiltration) may not require notification. Under the DPDP Act, every personal data breach must be reported to both the DPBI and affected individuals. There is no threshold.

Additionally, the 6-hour CERT-In requirement (from the CERT-In Directions of 2022) is one of the fastest mandatory reporting timelines in the world. Your incident response plan must account for this.

Penalties: Fixed vs. Revenue-Based

FactorDPDP ActGDPR
Maximum fineRs 250 Crore (~USD 30M)EUR 20M or 4% of global annual turnover (whichever is higher)
Calculation methodFixed ceiling per violation categoryRevenue-based percentage
StackingMultiple categories can stackPer violation
Criminal penaltiesNoneVaries by member state (some have criminal provisions)
Individual compensationNot explicitly providedData subjects can claim compensation
Penalty for individuals (data subjects)Up to Rs 10,000 for false complaintsNone
Regulatory discretionDPBI has broad discretion within the ceilingDPAs follow EDPB guidelines on fine calculation

For large multinational companies: GDPR fines can vastly exceed DPDP fines. A company with EUR 10 billion in revenue faces a theoretical GDPR maximum of EUR 400 million, while the DPDP maximum is approximately EUR 28 million.

For smaller companies: DPDP fines can be disproportionately harsh. A startup with Rs 5 Crore revenue faces the same Rs 250 Crore maximum as a large enterprise.

Cross-Border Data Transfers

AspectDPDP ActGDPR
Default positionTransfers allowed unless restricted by government notificationTransfers restricted unless adequate safeguards in place
Adequacy decisionsGovernment will issue a negative list (countries where transfers are restricted)European Commission issues positive list (countries deemed adequate)
Standard Contractual Clauses (SCCs)Not provided in the ActYes — widely used
Binding Corporate Rules (BCRs)Not provided in the ActYes — for intra-group transfers
Data localizationNo general data localization requirement; government can restrict specific transfersNo general localization; some member states have sector-specific requirements

The approach is inverted: GDPR says “transfers are blocked unless you prove adequacy.” The DPDP Act says “transfers are allowed unless the government specifically blocks a country.” This is simpler in some ways but creates uncertainty — the negative list has not yet been published, so businesses do not know which countries will be restricted.

What GDPR-Compliant Companies Still Need to Do for DPDP

If you already comply with GDPR, here is a focused checklist of what you still need to address for DPDP compliance.

  • Identify all processing activities that rely on legitimate interest — These need a new legal basis under DPDP (likely consent)
  • Review contractual necessity claims — Ensure they fit within DPDP’s “certain legitimate uses”
  • Document the DPDP legal basis for each processing activity separately from your GDPR records
  • Implement 7-day consent withdrawal processing — Your GDPR systems may only support 30 days
  • Add language support — DPDP requires consent notices in languages from the Eighth Schedule (Hindi, Bengali, Tamil, Telugu, Marathi, and 17 others)
  • Review granularity — Ensure consent is collected per purpose, not bundled
  • Audit pre-existing consent — Consent collected before DPDP may not meet the new standard

3. Update Children’s Data Handling

  • Raise the age threshold from 16 to 18 for Indian users
  • Implement parental/guardian consent verification for all users aged 13-17 (who were previously okay under GDPR in most countries)
  • Disable behavioral tracking and targeted advertising for Indian users under 18
  • Review content recommendation algorithms for potential harm to minors

4. Overhaul Breach Notification Procedures

  • Remove materiality assessments for Indian data — Every breach involving Indian Data Principals must be notified
  • Add CERT-In to your notification workflow — 6-hour timeline
  • Create separate notification templates for DPBI, CERT-In, and Data Principals
  • Update incident response plans to account for the faster timelines

5. Adjust Data Subject Rights Handling

  • Add nomination support — Allow Data Principals to nominate someone to exercise their rights
  • Update response SLAs — DPDP response timelines may be stricter than your GDPR processes
  • Designate a grievance officer — DPDP requires a specific contact person, not just a generic email
  • Remove data portability from your India-facing rights dashboard (it is not a right under DPDP, and offering it voluntarily could set expectations)

6. Appoint India-Specific Roles

  • If designated as an SDF: Appoint a Data Protection Officer based in India (your EU DPO cannot serve this role remotely)
  • Appoint a grievance officer for handling Data Principal complaints
  • Appoint an independent data auditor (if SDF) — this person must be separate from your internal audit team

7. Review Data Processing Agreements

  • Update contracts with Indian processors to reflect DPDP terminology and obligations
  • Ensure sub-processor obligations align with DPDP requirements
  • Review data retention clauses — DPDP requires deletion when purpose is fulfilled or consent is withdrawn

Side-by-Side Implementation Checklist

TaskGDPR StatusDPDP Action Needed
Lawful basis documentationDone (6 bases)Redo for DPDP (no legitimate interest)
Consent management platformDoneUpdate for 7-day withdrawal, multi-language
Privacy noticeDoneCreate India-specific version with DPDP terminology
Children’s age verificationSet to 16Raise to 18 for India
Behavioral tracking controls for minorsRestrictedCompletely prohibited under 18
Breach notification planRisk-basedAll breaches, add CERT-In 6-hour requirement
Data portability systemBuiltNot required (may remove from India-facing UI)
Right to object mechanismBuiltNot applicable (consent withdrawal instead)
Nomination system for rightsNot builtMust build for DPDP
DPO appointmentEU-based DPOIndia-based DPO needed if designated SDF
Cross-border transfer mechanismsSCCs/BCRsMonitor government’s negative list
Data retention policiesDocumentedReview for DPDP “purpose fulfillment” deletion
Grievance officer designationDPA contact existsNamed individual required

Common Misconceptions

“GDPR compliance means DPDP compliance.” False. While there is overlap, the differences in legal bases, consent requirements, children’s data rules, breach notification, and available rights mean GDPR compliance covers approximately 60-70% of DPDP requirements.

“DPDP is less strict than GDPR because fines are lower.” Partially true for large companies, but misleading overall. DPDP is stricter than GDPR in several areas: no legitimate interest, higher children’s age threshold, mandatory notification for all breaches, and shorter consent withdrawal processing times.

“We only need to comply with one law.” False. If you process data of individuals in both India and the EU, you must comply with both laws simultaneously. Where they conflict (e.g., legitimate interest for EU data vs. consent for Indian data), you need separate processes for each jurisdiction.

“The DPDP Act is just GDPR with Indian characteristics.” Misleading. While structurally similar, the DPDP Act makes fundamentally different policy choices — particularly around the consent-centric model, the negative-list approach to cross-border transfers, and the prohibition on behavioral tracking of children.

Frequently Asked Questions

Can I use a single privacy policy for both GDPR and DPDP? You can have one document, but it must clearly address the requirements of both laws. You will need India-specific sections covering DPDP terminology, the available rights (which differ from GDPR), and your consent practices for India. Many companies find it cleaner to maintain separate privacy notices.

Do I need separate DPOs for India and the EU? If you are designated as a Significant Data Fiduciary in India, you must appoint a DPO based in India. This cannot be the same person as your EU DPO unless that person is based in India.

How do I handle a user who is both in the EU and India? Apply the stricter standard. In most cases, this means applying DPDP rules (e.g., treating them as under 18 for children’s provisions, obtaining explicit consent rather than relying on legitimate interest).

When should I start preparing for DPDP if I already comply with GDPR? Now. The expected enforcement date is May 2027, and the gap analysis, system changes, and consent re-collection processes take 6-12 months minimum.

Next Steps

Understanding the differences is the first step. The second step is identifying where your current setup falls short.

A website compliance scan can show you exactly where your current consent management, privacy notices, and data collection practices need to change for DPDP compliance.

Scan Your Website for DPDP Compliance — Free, instant results. See where your GDPR setup needs changes for India.

Check your DPDP compliance now

Free scan. No signup. Results in 60 seconds.

Scan Your Website arrow_forward
Need DPDP help? Chat with us