As data becomes the most valuable resource in the digital economy, protecting personal data and ensuring privacy rights has become a top priority for governments around the world. The European Union’s General Data Protection Regulation (GDPR) is considered the gold standard in data protection. India, recognizing the need for similar safeguards, enacted the Digital Personal Data Protection Act (DPDPA), 2023.
This article compares the two legislations across multiple dimensions — from definitions to enforcement — to highlight similarities, differences, and implications for businesses and citizens.
Overview
Feature
GDPR (EU)
DPDPA, 2023 (India)
Enacted
May 25, 2018
August 11, 2023
Governs
Personal data processing in the EU
Digital personal data in India
Jurisdiction
Extraterritorial
Extraterritorial (limited)
Enforcer
Data Protection Authorities (DPAs) in each EU member state
Data Protection Board of India
Penalty
Up to €20 million or 4% of global turnover
Up to ₹250 crore (~€27 million) per incident
1. Scope and Applicability
GDPR
Applies to all personal data processing by controllers and processors in the EU.
Also applies to non-EU companies if they offer goods/services to EU residents or monitor their behavior.
DPDPA
Applies to digital personal data collected in India.
Applies to data processed outside India, if it involves offering goods/services in India.
Excludes offline data, anonymized data, and personal data used for domestic purposes.
✅ Verdict: GDPR has broader extraterritorial reach, while DPDPA is focused on India-centric digital data.
2. Key Definitions
Concept
GDPR
DPDPA
Personal Data
Any data relating to an identified or identifiable individual
Any data about an individual who is identifiable
Sensitive Data
Racial, health, political opinions, etc.
Not explicitly defined
Data Fiduciary
Data Controller
Same as GDPR
Data Principal
Data Subject
Data Subject
Processor
Entity processing data on behalf of controller
Data Processor
✅ Verdict: GDPR is more granular in classification (e.g., sensitive vs non-sensitive), while DPDPA keeps definitions broad and flexible.
3. Legal Basis for Processing
Basis
GDPR
DPDPA
Consent
Yes (freely given, specific, informed)
Yes (freely given, informed, unambiguous)
Contract
Yes
Yes
Legal obligation
Yes
Yes
Vital interests
Yes
Yes
Public interest
Yes
Yes
Legitimate interests
Yes
❌ Not included
✅ Verdict:GDPR allows more flexibility through the “legitimate interest” clause, which DPDPA lacks.
4. Rights of Individuals
Right
GDPR
DPDPA
Right to access
✅
✅
Right to correction
✅
✅
Right to erasure
✅ (“Right to be forgotten”)
✅ (limited)
Right to data portability
✅
❌
Right to restrict processing
✅
❌
Right to object
✅
❌
Right to withdraw consent
✅
✅
✅ Verdict: GDPR provides broader individual rights, especially in terms of objection, portability, and processing restrictions.
5. Consent Mechanism
GDPR
Must be freely given, specific, informed, unambiguous, and via affirmative action.
Pre-ticked boxes or silence are not valid.
DPDPA
Requires explicit and informed consent.
Introduces the concept of a Consent Manager — an intermediary to manage user permissions.
✅ Verdict: DPDPA innovates with Consent Managers, but GDPR has stricter standards and precedents for what qualifies as valid consent.
6. Obligations on Data Fiduciaries / Controllers
Obligation
GDPR
DPDPA
Privacy Policy
Mandatory
Mandatory
Purpose Limitation
Yes
Yes
Data Minimization
Yes
Yes
Accuracy
Yes
Yes
Storage Limitation
Yes
Yes
Accountability
Yes
Yes
Data Protection Officer (DPO)
Mandatory in certain cases
Only for Significant Data Fiduciaries
Data Protection Impact Assessment
Required for high-risk processing
Required for Significant Data Fiduciaries
✅ Verdict: Both impose substantial obligations, but GDPR applies them more universally, while DPDPA uses a risk-based tiering system.
7. Data Breach Notification
Criteria
GDPR
DPDPA
Must notify regulator
Within 72 hours
“As soon as possible” (not defined)
Notify data subjects
If high risk
Discretion of Data Protection Board
✅ Verdict: GDPR has specific timelines, which makes enforcement easier. DPDPA is less precise but leaves scope for flexible implementation.
8. Data Localization and Cross-Border Transfers
GDPR
Permits transfer to third countries with adequate protection levels.
Standard contractual clauses (SCCs) and Binding Corporate Rules (BCRs) allowed.
DPDPA
No mandatory data localization.
Cross-border transfer allowed to notified countries, as approved by the Indian government.
✅ Verdict: DPDPA adopts a liberal cross-border stance (no localization), while GDPR is stricter and more conditional.
9. Enforcement and Penalties
Enforcement Body
GDPR
DPDPA
Supervisory Authorities
Data Protection Authorities in each EU country
Data Protection Board of India
Max Fine
€20 million or 4% of global turnover
₹250 crore (~€27 million) per breach
Appeal Process
To national courts or EUCJ
To High Courts in India
✅ Verdict: GDPR’s decentralized but coordinated enforcement is more mature. DPDPA’s Data Protection Board is still in the process of operationalization.
10. Exemptions and Government Powers
GDPR
Government access allowed only under strict conditions.
National security exemptions narrowly defined.
DPDPA
Allows the Central Government to exempt certain data processing activities (e.g., for national security, law enforcement).
Criticized for lack of judicial oversight on government access.
✅ Verdict: GDPR offers stronger safeguards against government surveillance. DPDPA is more state-friendly, with broader exemptions.
Summary Table
Feature
GDPR
DPDPA, 2023
Scope
Broad and extraterritorial
Focused on digital personal data
Rights
Comprehensive
Basic set of rights
Consent
Strictly defined
Explicit + Consent Manager
Legal Grounds
6 (includes legitimate interest)
5 (excludes legitimate interest)
Cross-border Transfers
Allowed with safeguards
Allowed to notified countries
Enforcement
Decentralized DPAs
Centralized Data Protection Board
Fines
Up to 4% global turnover
Up to ₹250 crore (~€27M)
Government Access
Limited
Broad powers
Final Thoughts: GDPR vs DPDPA
Aspect
Winner
Data Subject Rights
GDPR
Flexibility for Businesses
DPDPA
Regulatory Maturity
GDPR
Implementation Simplicity
DPDPA
Privacy Protections
GDPR
Sovereignty Emphasis
DPDPA
While GDPR remains the most robust privacy law globally, India’s DPDPA is a more business-friendly, simpler, and state-centric approach to data protection.
Companies operating in both jurisdictions must comply with both laws where applicable and adopt a privacy-by-design approach
