GDPR vs DPDPA: What Does This Mean for Organizations Operating in the EU and India?

As businesses expand globally, compliance with data protection laws becomes a critical challenge. Two major frameworks dominate the privacy landscape today: the General Data Protection Regulation (GDPR) in the European Union and India’s upcoming Digital Personal Data Protection Act (DPDPA). While both aim to safeguard personal data, their approaches differ significantly, creating unique compliance challenges for organizations operating in both regions.

1. Overview of GDPR and DPDPA

GDPR: Effective since May 2018, GDPR is one of the world’s most stringent data protection laws. It applies to any organization processing the personal data of EU residents, regardless of where the organization is based. Its principles include lawfulness, fairness, transparency, purpose limitation, and accountability.

DPDPA: India’s DPDPA focuses on digital personal data and reflects the country’s growing digital economy. It introduces concepts like Consent Managers, Data Fiduciaries (similar to controllers) and Data Principals (data subjects) and emphasizes consent as the primary basis for processing.

2. Key Differences Between GDPR and DPDPA

Aspect	GDPR	DPDPA
Scope	Applies to all personal data (digital & non-digital)	Applies only to digital personal data
Legal Basis	Six bases: consent, contract, legal obligation, vital interests, public interest, legitimate interests	Primarily consent; limited “legitimate uses” (e.g., compliance, employment)
Children’s Data	Age of consent: 13–16 (varies by EU state)	Age of consent: 18; strict parental consent required
Sensitive Data	Special categories (health, biometrics, etc.) require extra safeguards	No explicit sensitive data categories
Cross-Border Transfers	Allowed via adequacy decisions, SCCs, BCRs	Allowed except to blacklisted countries
Breach Notification	72-hour rule for notifying authorities	“As soon as possible”; details to be prescribed
Penalties	Up to €20M or 4% of global turnover	Up to ₹250 crore (~$30M)

3. Compliance Challenges for Multinational Organizations

Consent Management: GDPR allows multiple legal bases, while DPDPA is heavily consent-centric. Businesses must redesign user journeys to capture explicit consent for India.
Data Localization: DPDPA emphasizes storing data within India, which may require infrastructure changes for sensitive data of Indian citizens.
Children’s Data: Stricter rules under DPDPA (age 18) demand additional parental consent mechanisms.
Publicly Available Data: GDPR applies even to public data, but DPDPA excludes it, creating operational ambiguity.
Governance: GDPR uses decentralized supervisory authorities; DPDPA has a single Data Protection Board, raising questions about enforcement consistency.

4. Strategic Recommendations

Conduct a Dual Compliance Assessment: Map data flows and identify overlaps and gaps between GDPR and DPDPA requirements.
Implement Flexible Consent Frameworks: Use technology solutions that can adapt to both laws’ consent requirements.
Review Vendor Contracts: Ensure processors meet obligations under both regimes, especially since DPDPA places liability on fiduciaries.
Prepare for Localization: Evaluate cloud and storage strategies to comply with India’s data localization mandates.
Train Teams: Educate employees on regional differences to avoid inadvertent violations.

In Conclusion

Both GDPR and DPDPA share the goal of protecting personal data, but their differences mean a one-size-fits-all compliance strategy won’t work. Organizations must adopt a region-specific yet integrated approach to remain compliant, avoid penalties, and maintain customer trust. If companies are already compliant with GDPR, they will now also have to adapt to DPDPA compliance requirements and undergo the DPDPA compliance assessments annually.

At ComplyPlanet, we help you build exactly that with legal, operational, and technical expertise to ensure your organization is DPDPA compliant, credible, and future-ready.