Introduction

Data privacy regulation has gone global and companies working across borders are increasingly finding themselves subject to more than one framework at once. The General Data Protection Regulation, or GDPR, has been the driving force behind data protection law since taking effect in 2018, providing a baseline that has shaped laws in dozens of nations.

For companies with operations or customers in India, understanding how India's Digital Personal Data Protection Act, 2023, relates to GDPR is a practical necessity.

Where Each Regulation Comes From and Who It Covers

GDPR is a European Union regulation that came into force in May 2018. Its geographic reach extends well beyond Europe. Any organisation anywhere in the world that processes personal data of EU residents is subject to GDPR, regardless of where the organisation itself is based. A SaaS company based in Bengaluru with European customers is just as obligated by GDPR as a company that has its headquarters in Berlin.

India's primary data protection law is the DPDP Act, 2023, which regulates the collection, processing and storage of personal data of Indian individuals by organisations. For Indian businesses, DPDP is the primary compliance obligation. For global businesses with Indian users or operations, it is an additional layer sitting alongside whatever other frameworks already apply.

To read about the DPDP Act in more detail, check our blog here

Consent — Similar in Principle, Different in Detail

Both frameworks place consent at the centre of how personal data can be processed, but they approach it differently in their specifics.

GDPR

→ High, detailed bar for valid consent
→ Must be freely given, specific, informed, unambiguous
→ Bundled consent does not qualify
→ Recognises legitimate interests, contract, legal obligation as other bases

DPDP

→ Simpler, more streamlined perspective
→ Clear and informed consent before processing
→ Information notice covers what, why, and rights

User Rights — Broad Under GDPR, Focused Under DPDP

GDPR

→ Right to access
→ Right to rectification
→ Right to erasure
→ Right to restriction of processing
→ Right to data portability
→ Right to object to processing

DPDP

→ Right to access
→ Right to rectification
→ Right to deletion

Penalties — Different Structures, Serious in Both Cases

GDPR

→ Calculated as % of global annual turnover
→ Up to €20 million or 4% of revenue, whichever is higher

DPDP

→ Up to ₹250 crore per instance of non-compliance
→ Fixed maximum rather than turnover-based

Compliance Complexity — Where They Genuinely Differ

GDPR

→ One of the most comprehensive frameworks in existence
→ Heavy documentation requirements
→ Detailed rules on cross-border data transfers
→ Years of accumulated enforcement guidance

DPDP

→ Designed with pragmatism GDPR doesn't always reflect
→ More streamlined, clearly defined obligations
→ Accessible for teams without large compliance functions
→ A more manageable starting point for first-time compliance

Which Framework Applies — and When Both Do

The geography of a business's operations and user base determines which framework applies.

EU

Processing EU residents' data

Comply with GDPR

IN

Processing Indian residents' data

Comply with DPDP

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Processing both

Comply with both — increasingly common for businesses with international ambitions and Indian operations

Where both apply, the practical approach is to build compliance infrastructure that satisfies the more demanding requirements of GDPR and verify that DPDP obligations are met within that structure.

Conclusion

GDPR and DPDP represent two different points on the spectrum of data protection regulation, one comprehensive and globally influential, the other practical and India-specific. For businesses navigating both, the frameworks are more complementary than conflicting.

Building a data governance foundation that takes both seriously — proper consent management, functioning user rights workflows, documented processing activities, and continuous compliance monitoring — serves both obligations simultaneously and positions the business well for a regulatory environment that is only going to become more demanding over time.