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GDPR vs DPDP Act 2023: Differences for Indian Businesses
GDPR vs India's DPDP Act 2023 compared: scope, consent, rights, breach notification and what Indian companies must do for each.
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The EU GDPR and India's Digital Personal Data Protection Act both protect personal data, but they apply to different people and ask for different things. An Indian company that serves EU residents may have to follow both.
GDPR vs DPDP Act 2023 at a glance
| GDPR | DPDP Act 2023 | |
|---|---|---|
| Where it applies | Processing of personal data of people in the EU, wherever the company is based. | Digital personal data processed in India, and processing outside India to offer goods or services to people in India. |
| Legal basis | Six lawful bases, including consent and legitimate interests. | Mainly consent, plus a defined list of legitimate uses. |
| Data subject rights | Access, rectification, erasure, restriction, portability and objection. | Access, correction, erasure, grievance redressal and nomination. |
| Breach reporting | Notify the regulator within 72 hours where there is a risk to people. | Notify the Data Protection Board and affected people, as set out in the rules. |
| Penalties | Up to 4% of global annual turnover or EUR 20 million. | Monetary penalties set by the Act, up to Rs 250 crore depending on the breach. |
| Regulator | National data protection authorities in each EU country. | The Data Protection Board of India. |
Which one should you choose?
- Follow GDPR if you offer services to people in the EU or monitor their behaviour.
- Follow the DPDP Act if you process personal data of people in India, which covers most Indian companies.
Frequently asked questions
Do I need both GDPR and DPDP Act 2023?
Many organisations hold both when different customers ask for each. A gap assessment shows how much of the work overlaps so you do it once.
Can you help with GDPR and DPDP Act 2023 together?
Yes. We plan one programme with shared documentation, a single internal audit cycle and one management review, then guide you through each audit.
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