DPDP vs GDPR: A Detailed Comparison

India’s Digital Personal Data Protection Act 2023 and the EU’s General Data Protection Regulation share the same DNA — protecting personal data — but they differ fundamentally in philosophy, structure, and enforcement.

Side-by-Side Comparison

FeatureDPDP Act 2023GDPR
ScopeDigital personal data of Indian residentsAll personal data in EU (digital + physical)
Consent modelConsent or “legitimate use”6 legal bases including legitimate interest
Children’s ageUnder 18Under 16 (can be lowered to 13 by member states)
DPO requirementOnly for Significant Data FiduciariesRequired for large-scale processing
Max penalty₹250 Crore (~€28M)€20M or 4% global turnover (whichever higher)
Cross-borderBlacklist model (restrict specific countries)Whitelist model (adequacy decisions)
Right to portabilityNot explicitly includedExplicit right to data portability
Impact assessmentsOnly for SDFsRequired for high-risk processing
Sensitive dataNo separate category defined yetExplicit special categories (health, biometric, etc.)
Enforcement bodyData Protection Board (single body)National DPAs per member state

Key Philosophical Differences

Legitimate Interest: GDPR allows data processing under “legitimate interest” — one of six legal bases. DPDP does not include this concept. Indian businesses that relied on GDPR-style legitimate interest for employee data or B2B communications must find alternative legal bases under DPDP.

Data Minimization: Both laws require data minimization, but GDPR provides more detailed guidance through Article 5. DPDP’s approach is broader and will likely be refined through DPB guidance.

Right to Object: GDPR gives Data Subjects the right to object to processing, including objecting to automated decision-making. DPDP doesn’t include an equivalent explicit right.

For Multi-National Companies

If your company operates in both India and the EU:

  • Don’t assume GDPR compliance = DPDP compliance — the laws differ materially
  • Consent architecture may need two tracks — GDPR allows legitimate interest where DPDP requires consent
  • Children’s data age threshold differs — 16 in EU vs 18 in India
  • Cross-border transfer mechanisms differ — SCCs and BCRs work for GDPR; DPDP uses government-notified jurisdictions
  • Penalty calculations differ — GDPR’s revenue-based model vs DPDP’s fixed maximum

Confused by the differences?

Dual compliance is tricky. Our experts can help you navigate both DPDP vs GDPR: Key Differences Explained and DPDP requirements.

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