GDPR vs. India’s Digital Personal Data Protection Act – A Comparison

• What Is GDPR?
• What Is India’s DPDP Act?
• Scope and Coverage
• Consent Requirements
• User Rights Compared
• Fines and Penalties
• Data Protection Officer (DPO) Requirements
• Cross-Border Data Transfers
• Enforcement Mechanism
• Children’s Data Protection
• Side-by-Side Comparison Table
• Impact on Businesses
• Strengths and Weaknesses
• Future of GDPR and DPDP Alignment
• Conclusion
• FAQs

What Is GDPR?

The General Data Protection Regulation (GDPR) is a law passed by the European Union in 2018. It applies to any company or organization that collects or processes personal data of people living in the EU, even if the company is based outside Europe.

Personal data under GDPR includes:

• Name, email, phone number
• IP address, cookies, location data
• Health, genetic, or biometric data
• Political opinions or religious beliefs

GDPR is known for its strict rules, huge fines, and strong user rights. It inspired over 130 countries to create their own data laws, including India.

What Is India’s DPDP Act?

The Digital Personal Data Protection Act, 2023 (DPDP Act) is India’s first full-fledged data privacy law. It was passed in August 2023 after years of debate and public consultation.

It applies to:

• Any digital personal data processed in India
• Indian companies and foreign companies targeting Indian users

Personal data under DPDP includes:

• Aadhaar, PAN, phone number
• Email, address, health records
• Any data that can identify a person

The law is simpler than GDPR and focuses on consent, user rights, and accountability.

Scope and Coverage

Both laws protect personal data, but their reach differs.

• GDPR: Applies globally if you target EU residents. Covers online and offline data.
• DPDP: Applies only to digital data processed in India. Paper records are excluded.

Example: A U.S. company selling to EU citizens must follow GDPR. A U.S. company selling only in India follows DPDP, not GDPR.

Consent Requirements

Consent is the foundation of both laws, but GDPR is stricter.

• GDPR: Consent must be freely given, specific, informed, and unambiguous. Pre-ticked boxes are not allowed. You can withdraw consent anytime.
• DPDP: Consent must be free, specific, informed, unconditional, and unambiguous. It must be in clear language and multiple Indian languages.

DPDP allows deemed consent for government services, employment, or emergencies. GDPR does not.

User Rights Compared

Both give users control, but GDPR offers more rights.

• Right to Access: Both allow you to see your data.
• Right to Rectification: Both let you correct wrong data.
• Right to Erasure: Both allow deletion (with exceptions).
• Right to Portability: GDPR lets you transfer data between services. DPDP does not.
• Right to Object: GDPR allows objection to marketing or profiling. DPDP has limited objection rights.

Fines and Penalties

GDPR is famous for billion-euro fines. DPDP is tougher than expected.

• GDPR: Up to €20 million or 4% of global annual turnover, whichever is higher.
• DPDP: Up to ₹250 crore (~€28 million) per violation. For large firms, this can add up fast.

Example: If Google violates DPDP 10 times, fines could exceed ₹2,500 crore.

Data Protection Officer (DPO) Requirements

Both require a point of contact, but rules differ.

• GDPR: Mandatory for public bodies, large-scale monitoring, or sensitive data processing.
• DPDP: All Significant Data Fiduciaries (large platforms like Google, Meta) must appoint a DPO based in India.

Cross-Border Data Transfers

Moving data outside the country is tightly controlled.

• GDPR: Data can go only to countries with “adequate” protection (like Japan, Canada). Otherwise, use contracts or BCCs.
• DPDP: Government can restrict transfers to certain countries via notification. No adequacy list yet.

Enforcement Mechanism

Who watches the watchdogs?

• GDPR: Each EU country has a Data Protection Authority (DPA). Users can complain directly.
• DPDP: A Data Protection Board of India (DPBI) will be set up. It will hear complaints and impose fines.

As of November 2025, the DPBI is still being formed. Rules are expected by early 2026.

Children’s Data Protection

Both protect kids, but GDPR is stricter.

• GDPR: Children under 16 need parental consent (some countries set it at 13).
• DPDP: Anyone under 18 needs verifiable parental consent. Platforms must verify using Aadhaar or school ID.

Side-by-Side Comparison Table

Impact on Businesses

Both laws affect Indian and global companies, but in different ways.

• For Indian Startups: DPDP is simpler and cheaper to comply with than GDPR.
• For Global Tech Giants: They must follow GDPR for EU users and DPDP for Indian users separately.
• For SMEs: DPDP exempts small businesses from some rules for 3 years.

Strengths and Weaknesses

GDPR Strengths: Comprehensive, strong enforcement, global influence.
GDPR Weaknesses: Complex, costly, slow cross-border complaints.

DPDP Strengths: Simple, India-focused, high fines, multilingual consent.
DPDP Weaknesses: No portability, board not formed yet, limited user rights.

Future of GDPR and DPDP Alignment

India wants adequacy status from the EU. This would allow free data flow between India and Europe without extra contracts.

• India is aligning DPDP rules with GDPR principles
• EU is watching DPBI formation and enforcement
• Adequacy decision possible by 2027–2028

Conclusion

GDPR and DPDP Act are like two siblings: same goal, different styles. GDPR is the strict, experienced elder with global reach and heavy fines. DPDP is the younger, simpler sibling focused on India’s 800 million internet users. GDPR protects more rights and applies worldwide. DPDP is lighter, digital-only, and allows deemed consent for public good. For Indian users, DPDP means clearer consent pop-ups, parental controls for teens, and the right to erase old data. For businesses, it means dual compliance if serving both markets. As India’s Data Protection Board takes shape in 2026, DPDP will mature. Until then, both laws remind us: your data is yours, and the world is finally building rules to prove it.

FAQs

What does GDPR stand for?

General Data Protection Regulation, the EU’s data privacy law since 2018.

When was India’s DPDP Act passed?

August 2023. Rules are being finalized in 2025–2026.

Does DPDP apply to foreign companies?

Yes, if they process digital data of Indian users.

Can I delete my data under DPDP?

Yes, you have the right to erasure, except for legal obligations.

Is GDPR stricter than DPDP?

Yes, in scope, rights, and global enforcement.

Do children need parental consent under GDPR?

Yes, under 16 (or 13 in some countries).

What is a Significant Data Fiduciary?

Large platforms like Google or Meta that must follow extra DPDP rules.

Can India send data to the EU freely?

Not yet. India needs EU adequacy status first.

Are fines higher in GDPR or DPDP?

GDPR has higher percentage-based fines. DPDP has high fixed fines.

Does DPDP cover paper records?

No, only digital personal data.

Can I transfer my data between apps under DPDP?

No, data portability is not included.

Who enforces DPDP in India?

The Data Protection Board of India, once formed.

Is consent in Hindi allowed under DPDP?

Yes, consent notices must be in English and Indian languages.

Can the government access my data under DPDP?

Yes, with exemptions for national security and public order.

Does GDPR apply to Indian users?

Only if the company targets EU residents.

What is deemed consent in DPDP?

Consent assumed for government services, medical emergencies, or employment.

Can I complain directly under DPDP?

Yes, to the company first, then to the Data Protection Board.

Is Aadhaar considered personal data?

Yes, under both GDPR and DPDP.

Will DPDP replace IT Act rules?

No, IT Act still applies to cybercrimes. DPDP is for data privacy.

What’s next for India’s data law?

DPBI formation, rules notification, and push for EU adequacy by 2028.