DPDP vs. GDPR: What’s the Difference?
Why GDPR compliance doesn’t automatically mean you are ready for India’s new law.
The Digital Personal Data Protection Act, 2023 differs from the GDPR in scope, consent structure, rights, and enforcement approach, requiring India-specific compliance strategies.
The High-Level Comparison
Personal data means any data about an individual who is identifiable by or in relation to such data.
| Aspect | DPDP Act (India) | GDPR (EU) |
| Primary Focus | Digital personal data | Personal data (digital + paper) |
| Approach | Principles-based, flexible | Prescriptive, highly detailed |
| Compliance Style | Risk-based, proportionate | Highly structured |
| Enforcement | Emerging framework | Established & strict |
Key Differences Explained
GDPR: Covers data in both digital and physical (paper) filing systems.
DPDP: Primarily covers data processed in digital form (or digitized later).
GDPR: Multiple bases (Consent, Contract, Legitimate Interest, etc.).
DPDP: Primarily relies on Consent and specific “Legitimate Uses.”
GDPR: Includes “Right to Portability” and “Object to Processing.”
DPDP: Focuses on Access, Correction, Grievance Redressal, and Duties of Data Principals (users have responsibilities too!).
GDPR: Up to €20M or 4% of global turnover.
DPDP: Penalties are capped (e.g., up to ₹250 Cr) based on the nature of the violation.
GDPR: Strict adequacy decisions required.
DPDP: Allows transfers unless the country is specifically “Restricted” by the Government (Negative List approach).
Does GDPR Compliance Cover DPDP?
No.
While GDPR provides a strong foundation, you must adapt your Privacy Notices, Consent Forms, and Grievance mechanisms specifically for India.
Don’t start from scratch. Reuse your GDPR security controls, but localize your governance.
Which Law Is Stricter?
Neither is “stricter”—they are just different. GDPR is procedural; DPDP is principle-driven. Success depends on understanding the intent.