DPDP Act VS DPDP vs LPDP: Comparing India and Indonesia’s Privacy Laws

DPDP vs LPDP: A Friendly Comparison

If you are running a business that operates in both India and Indonesia, you might feel like you’re trying to learn two different card games at once. India has the Digital Personal Data Protection (DPDP) Act 2023, and Indonesia has the Undang-Undang Pelindungan Data Pribadi (LPDP), also known as Law No. 27 of 2022.

Both laws are designed to protect “Personal Data”—which is just any information that can identify a real person. However, the way they go about it is quite different. Think of them like two neighbors: they both want to keep the neighborhood safe, but one uses a high-tech alarm system while the other prefers a tall fence and a guard dog.

Side-by-Side Comparison

To understand the DPDP vs LPDP (Indonesia) landscape, let’s look at the specifics. In India, your company is called a Data Fiduciary (the entity that decides why and how data is processed), whereas in Indonesia, you are a Data Controller.

Feature	DPDP Act 2023 (India)	LPDP (Indonesia)
Scope of Data	Only Digital personal data.	Both Electronic and Non-electronic (paper records).
Legal Basis	Primarily Consent or “Certain Legitimate Uses.”	Consent, contract, legal obligation, and Legitimate Interest.
Children’s Age	Anyone under 18 years old.	Anyone under 18 years old.
DPO Requirement	Only for “Significant Data Fiduciaries.”	Required for public bodies and large-scale processors.
Max Penalties	Up to ₹250 Crore (~$30M USD) per instance.	Up to 2% of annual revenue + potential jail time.
Cross-border	Allowed unless the Govt “blacklists” a country.	Allowed if the destination has equal or higher protection.
Data Subject Rights	Right to access, correct, and erase.	Right to access, correct, erase, and data portability.
Sensitive Data	Not categorized separately in the main Act.	Explicitly defines Specific Personal Data (health, biometrics).
Breach Notification	Must notify the Board and the person for every breach.	Must notify within 72 hours if it impacts the person.
Enforcement	Data Protection Board of India.	A specialized agency under the President.

Key Philosophical Differences

When looking at India vs LPDP data protection standards, there are two or three fundamental shifts in how the governments think about your data.

1. Criminal vs. Civil Consequences This is the biggest “vibe” difference. India’s DPDP Act is strictly civil. If you mess up, you pay a very heavy fine to the government. Indonesia’s LPDP, however, includes criminal penalties. This means that in Indonesia, if you are caught intentionally leaking data or using it illegally, you could face years in prison. For a founder, this makes the stakes in Indonesia feel much more personal.

2. The Concept of “Legitimate Interest” Indonesia’s law is much closer to the European GDPR. It allows you to process data based on Legitimate Interest—meaning if you have a valid business reason that doesn’t hurt the user, you might not always need a “Yes” click. India’s DPDP is more restrictive. It focuses heavily on Consent or very specific “Legitimate Uses” (like emergencies or employment). You can read more about this in our guide to consent.

3. Digital vs. Physical The DPDP Act is purely about Digital Personal Data. If you have a stack of physical forms in a filing cabinet, the DPDP doesn’t care about them unless you scan them into a computer. The Indonesian LPDP covers everything. If you lose a physical folder of customer addresses in Jakarta, you’ve broken the law. In Delhi, that might be a security lapse, but it’s not a DPDP violation.

Practical Advice for Businesses

If you are a startup founder or a business owner juggling both sets of rules, here is what you should actually DO:

• Appoint a Point Person: Even if you aren’t legally a “Significant Data Fiduciary” in India, you should have someone responsible for data. Indonesia is much stricter about the Data Protection Officer (DPO) role. If you process data on a large scale in Indonesia, you must have a DPO.
• Audit Your Data Types: Since Indonesia has a specific category for “Specific Personal Data” (like health records or biometrics), you need to label that data separately. India doesn’t require this yet, but it’s a good habit for our sector-specific compliance tips.
• Build a “Consent First” Tech Stack: Because India is so focused on consent, build your app to ask for permission clearly. Indonesia will accept this “high bar” of consent too, so it’s safer to build for the stricter Indian consent rules and apply them to your Indonesian users.
• Check Your Transfers: If you store data in a third country (like Singapore or the US), ensure you meet Indonesia’s “adequacy” requirement. India’s “blacklist” model is currently more relaxed, but that could change at any moment.
• Update Your Privacy Policy: Don’t just copy-paste. Your Indonesian policy needs to mention your legal basis (like contract or legitimate interest), while your Indian policy needs to be available in multiple languages if requested. You can find more on this in our privacy policy guide.

In short, while both laws want to protect the “Data Principal” (the Indian term) or “Data Subject” (the Indonesian term), Indonesia is more focused on the type of data and criminal intent, while India is focused on the digital aspect and heavy financial deterrents. Keep your documentation clean, and you’ll be able to navigate both markets without a headache.