DPDP Act vs GDPR: key differences for Indian companies

Reviewed against the law as of 28 September 2026

How India's DPDP Act differs from GDPR: scope, lawful bases, breach reporting, children, transfers, rights and penalties, and what carries over.

Many Indian companies already work with GDPR because they serve European customers. The DPDP Act borrows familiar ideas, but it is shorter, more prescriptive in places, and different in ways that matter for implementation.

Side by side

TopicGDPRDPDP Act 2023
ScopePersonal data in any form (automated, or in a filing system)Digital personal data, including data collected offline and later digitised
Publicly available dataCoveredExcluded when made public by the person or under a legal obligation
Lawful basesSix, including contract and legitimate interestsConsent, or a closed list of legitimate uses
Sensitive dataSpecial categories with stricter rulesNo separate category; children's data has extra rules
ChildrenConsent age 13 to 16, by countryUnder 18; verifiable parental consent; no tracking or targeted ads
Notice languagesClear and plain languageEnglish or any Eighth Schedule language, on request
Consent ManagersNoneRegistered intermediaries to give and withdraw consent
Breach reportingTo the authority within 72 hours if a risk; to people if high riskTo the Board and every affected person for every breach; detailed Board report within 72 hours
RightsAccess, rectification, erasure, restriction, portability, objection, automated decisionsAccess summary, correction, completion, updating, erasure, grievance, nomination
DPORequired for certain controllers and processorsRequired for Significant Data Fiduciaries
TransfersAdequacy, safeguards such as SCCsAllowed except to countries the government restricts
PenaltiesUp to €20 million or 4% of worldwide turnoverFixed maximums per type of failure, up to ₹250 crore
Compensation to individualsYesNo; penalties go to the government

What carries over from GDPR work

  • Data inventories and records of processing.
  • Security controls, encryption, access control and logging.
  • Processor contracts, updated for DPDP specifics.
  • Rights request workflows, adjusted for the DPDP rights and the ninety-day limit.
  • Breach response playbooks, adjusted for notifying every breach.

What needs new work

  • Lawful basis review. Processing on "legitimate interests" or "contract" needs to fit consent or a section 7 legitimate use.
  • Notices. Itemised, standalone and available in Indian languages.
  • Children. Age thresholds and tracking rules are stricter.
  • Breach reporting. Every breach, to the Board and to each person, plus CERT-In within six hours.
  • CERT-In. Log retention in India and NIC or NPL time sync have no GDPR equivalent.

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Frequently asked questions

If we comply with GDPR, are we DPDP compliant?

Not automatically. GDPR work on inventories, security and rights handling carries over, but DPDP differs on lawful bases, breach reporting, children's age, notice languages and Consent Managers, and needs its own gap review.

Does DPDP have special categories of data like GDPR?

No. The DPDP Act treats all personal data alike, although children's data has extra rules and the volume and sensitivity of data can lead to Significant Data Fiduciary status.

Sources

  1. Digital Personal Data Protection Act, 2023meity.gov.in
  2. Regulation (EU) 2016/679 (GDPR), EUR-Lexeur-lex.europa.eu

This article is general information about Indian law as published at the date above, written to help organisations plan their compliance work. It is not legal advice. Check the official text and take advice on your own facts.