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DPDP Act vs GDPR

This is a simplified comparison for orientation only. Both laws have exceptions and details not shown here. GDPR references are to Regulation (EU) 2016/679.

Side by side

TopicDPDP Act and RulesGDPR
ScopeDigital personal data, and non-digital data that is later digitised (section 3).All personal data processed wholly or partly by automated means, or in a filing system (Art. 2).
Publicly available dataDoes not apply to data made publicly available by the person or under a legal obligation (section 3).No general exclusion for publicly available data.
Special categoriesNo separate category of sensitive personal data.Special categories such as health and biometric data have extra rules (Art. 9).
Grounds for processingConsent, or certain legitimate uses listed in section 7 (section 4).Six lawful bases, including contract and legitimate interests (Art. 6).
ChildrenA child is under 18 (section 2). Verifiable parental consent; no tracking, behavioural monitoring or targeted ads (section 9).Parental consent for information society services below 16, which Member States may lower to 13 (Art. 8).
RightsAccess to a summary, correction, completion, updating, erasure, grievance redressal and nomination (section 11 to section 14).Also includes portability, objection, restriction and rights on automated decisions (Arts. 15 to 22).
Duties of individualsData Principals have duties; breach can attract a penalty of up to ten thousand rupees (section 15).No equivalent duties on data subjects.
Breach notificationEvery personal data breach to the Board and each affected person; detailed report to the Board within 72 hours (section 8, rule 7).To the authority within 72 hours unless unlikely to result in a risk; to individuals when high risk (Arts. 33, 34).
Data Protection OfficerRequired for Significant Data Fiduciaries; must be based in India (section 10). Others publish a contact person (rule 9).Required for public authorities and for certain core activities (Art. 37).
Cross-border transfersAllowed except to countries the Government restricts by notification, subject to rule 15 and stricter sector laws (section 16).Allowed only with adequacy, appropriate safeguards or specific derogations (Chapter V).
Consent ManagersRegistered intermediaries that help people manage consent (section 6, rule 4).No equivalent role.
RegulatorData Protection Board of India, appointed by the Central Government; appeals to TDSAT (section 18, section 29).Independent supervisory authorities in each Member State, with the European Data Protection Board.
Maximum penaltiesUp to two hundred and fifty crore rupees per breach type in the Schedule (section 33).Up to 20 million euro or 4 per cent of worldwide annual turnover, whichever is higher (Art. 83).
Compensation to individualsPenalties go to the Consolidated Fund of India (section 34); the Act does not provide for compensation to individuals.Right to compensation for damage (Art. 82).
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