DPDPA vs GDPR: Key Differences Every Business Must Know in 2026

Cynor Sense
Jan 22
4 min read

DPDPA vs GDPR: Understanding the Two Data Protection Giants

As businesses expand globally, navigating multiple data protection regulations becomes essential. India's Digital Personal Data Protection Act (DPDPA) 2023 and the European Union's General Data Protection Regulation (GDPR) are two landmark privacy laws that organizations must understand. While both aim to protect personal data, they differ significantly in scope, requirements, and enforcement.

Key Insight: GDPR compliance does NOT automatically mean DPDPA compliance. Organizations operating in both regions must address each law's unique requirements separately.

Scope and Applicability

Covers ALL personal data — digital, non-digital, and manual filing systems
Applies to organizations with EU establishment processing personal data
Extends to non-EU entities offering goods/services to EU residents
Includes special categories (health, biometrics) with enhanced protections

DPDPA Scope

Limited to DIGITAL personal data only (or digitized offline data)
Covers data processed within India's territory
Extends to processing outside India when offering goods/services in India
No distinction between sensitive and non-sensitive data — uniform treatment

Terminology Differences

While both laws address similar concepts, they use different terminology that reflects their underlying philosophy:

Data Controller vs Data Fiduciary

GDPR: Data Controller — determines purpose and means of processing
DPDPA: Data Fiduciary — emphasizes trust-based relationship and duty of care

Data Subject vs Data Principal

GDPR: Data Subject — the individual whose data is processed
DPDPA: Data Principal — places the individual as the primary stakeholder

Legal Bases for Processing

This is one of the most significant differences between the two regulations:

Consent
Contractual necessity
Legal obligation
Vital interests
Public task
Legitimate interests (allows processing without consent for valid business reasons)

DPDPA: Consent-Centric Approach

Consent — the primary ground for processing
Legitimate Uses — narrowly defined (employment, legal compliance, medical emergencies, state functions)

Critical Difference: DPDPA does NOT include "legitimate interests" as a lawful basis. Organizations relying on legitimate interests under GDPR must secure explicit consent for the same activities under DPDPA.

Both regulations require consent to be freely given, specific, informed, and unambiguous. However, key differences exist:

Service provision cannot be conditional on unnecessary consent
Consent withdrawal must be as easy as giving consent
No specific language requirements for notices

Consent must be unconditional (not bundled with unrelated terms)
Notices must be in English AND all 22 Indian constitutional languages
Introduces Consent Managers — registered entities to manage consent on behalf of Data Principals

Children's Data Protection

Both laws recognize children as vulnerable individuals requiring special protection, but with different age thresholds:

GDPR: Under 16 years (member states can lower to 13)
DPDPA: Under 18 years (uniform, no flexibility)

DPDPA's stricter age threshold means more users require parental consent in India, significantly impacting social media platforms, gaming companies, and educational technology providers.

Individual Rights Comparison

Right to Access — full details with processing information
Right to Rectification
Right to Erasure ("Right to be Forgotten")
Right to Data Portability — machine-readable format required
Right to Object to Automated Decision-Making
Right to Restrict Processing

DPDPA Rights (Unique Features)

Right to Access — summary of activities only (less detailed than GDPR)
Right to Correction
Right to Erasure — limited scope
Right to Grievance Redressal — unique to DPDPA
Right to Nominate — designate someone to exercise rights upon death/incapacity (unique to DPDPA)
NO Right to Data Portability
NO Right to Object to Automated Decisions

Data Breach Notification

72-hour notification to supervisory authority (if breach poses risk)
Individual notification only if high risk to rights and freedoms
Risk-based approach — not all breaches require notification

DPDPA Breach Requirements

Mandatory notification to Data Protection Board of India
Mandatory notification to ALL affected individuals — regardless of risk level
No specific timeline yet prescribed (rules pending)

Cross-Border Data Transfers

Transfers only to countries with adequacy decisions
Requires Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs)
Transfer Impact Assessments required post-Schrems II decision

DPDPA: Blacklist Approach

Transfers permitted unless government restricts specific countries
No SCCs or BCRs required currently
More flexible initially, but government can restrict anytime

Penalties Comparison

Up to €20 million OR 4% of global annual turnover (whichever is higher)
Turnover-based approach — scales with company size
Enforced by independent national Data Protection Authorities

DPDPA Penalties

Up to ₹250 crore (~$30 million) per breach for security failures
Up to ₹200 crore for breach notification failures
Fixed amounts — NOT turnover-based
Enforced by government-controlled Data Protection Board of India

Note: While GDPR penalties can exceed DPDPA for large corporations (4% of global turnover), DPDPA's fixed penalties can be more severe for smaller organizations.

Compliance Strategy for Multi-Jurisdictional Operations

Organizations operating in both EU and India should consider these strategies:

Data Mapping — Identify data flows to determine which jurisdiction applies
Adopt Higher Standards — Use GDPR's stricter standards as baseline, then layer DPDPA-specific requirements
Consent Systems — Implement robust consent mechanisms that satisfy both laws
Multilingual Notices — Create privacy notices in English and all 22 Indian constitutional languages
Dual Breach Protocols — Implement 72-hour GDPR notification PLUS mandatory DPDPA notifications
Consent Manager Integration — Consider DPDPA's unique Consent Manager framework for India operations
Regular Audits — Conduct compliance audits for both frameworks separately

Navigate Both Regulations with Expert Guidance

Understanding the nuances between DPDPA and GDPR is crucial for businesses operating across borders. The differences in legal bases, consent requirements, and enforcement mechanisms mean that a one-size-fits-all approach will not work.

CynorSense specializes in helping organizations achieve compliance with both DPDPA and GDPR. Contact us today for a comprehensive gap analysis and customized compliance roadmap tailored to your business needs.

DPDPA vs GDPR: Key Differences Every Business Must Know in 2026

DPDPA vs GDPR: Understanding the Two Data Protection Giants