Ch IPreliminary
S.1 Short title and commencementS.2 DefinitionsS.3 Application and scopeCh IIObligations of Data Fiduciary
S.4 Grounds for processingS.5 NoticeS.6 ConsentS.7 Certain legitimate usesS.8 Data Fiduciary obligationsS.9 Children’s dataS.10 Significant Data FiduciaryCh IIIRights and duties of Data Principal
S.11 Right to accessS.12 Correction and erasureS.13 Grievance redressalS.14 Right to nominateS.15 Duties of the Data PrincipalCh IVSpecial provisions
S.16 Transfer outside IndiaS.17 ExemptionsCh VData Protection Board of India
S.18 Establishment of the BoardS.19 Composition of the BoardS.20 Salary and term of officeS.21 DisqualificationsS.22 Resignation and vacanciesS.23 Proceedings of the BoardS.24 Officers and employeesS.25 Members as public servantsS.26 Powers of the ChairpersonCh VIBoard powers and procedure
S.27 Powers and functions of the BoardS.28 Procedure followed by the BoardCh VIIAppeal and dispute resolution
S.29 Appeal to the Appellate TribunalS.30 Tribunal orders as a decreeS.31 Alternate dispute resolutionS.32 Voluntary undertakingCh VIIIPenalties
S.33 Penalties and the ScheduleS.34 Penalties to Consolidated FundCh IXMiscellaneous
S.35 Good-faith protectionS.36 Power to call for informationS.37 Blocking of accessS.38 Consistency with other lawsS.39 Bar of jurisdictionS.40 Power to make rulesS.41 Laying of rules before ParliamentS.42 Power to amend the ScheduleS.43 Power to remove difficultiesS.44 Amendments to other ActsCompare
The DPDP Act is India's law on digital personal data. The GDPR is the European Union's data protection regulation. They share ideas such as consent and breach notice, but they differ on legal grounds, children, individual rights, breach reporting and penalties.
Checked against the Act, the Rules and the GDPR text on 2 November 2026. Not legal advice.
In short
No. The DPDP Act differs from the GDPR on legal grounds, children, individual rights, breach reporting and penalties.
The DPDP Act covers digital data (s.3(a)). The GDPR covers automated processing and some filing-system records (Art. 2(1)).
Consent or the nine listed uses in the DPDP Act. The GDPR has six grounds, including legitimate interests.
Under 18, with parental consent first (s.9(1)). The GDPR default age is 16 (Art. 8(1)).
Sections 11 to 14 have no portability, restriction or objection heading. They add grievance redressal and nomination.
In India: notice to affected people and to the Board, plus a detailed report within 72 hours (Rule 7).
Fixed ceilings up to Rs 250 crore. The GDPR ceiling is up to EUR 20 million or 4% of worldwide turnover.
In force now: the definitions, the Data Protection Board provisions and a few other sections (from 13 November 2025). The Board was established by notification G.S.R. 844(E) on that date. 13 November 2026: Rule 4, with s.6(9) on Consent Manager registration and s.27(1)(d). 13 May 2027: Sections 3 to 5, 6(1) to (8) and (10), 7 to 17, 27 (except 27(1)(d)), 28 to 34, 36, 37 and 44(2) of the Act, which include the legal grounds, the children's rules, the rights, the breach duty and the penalties, and Rules 3, 5 to 16, 22 and 23.
Both dates are counted from the Gazette publication date of 13 November 2025, under notification G.S.R. 843(E) for the Act and Rule 1 of G.S.R. 846(E) for the Rules. Some sources count from 14 November 2025, which would shift the later dates by a day. Check the Gazette.
| Topic | GDPR | DPDP Act and Rules |
|---|---|---|
| Data covered | Personal data processed wholly or partly by automated means, and some records kept in a filing system (Art. 2(1)). | Digital personal data, including data collected on paper and digitised later (s.3(a)). |
| Reach outside the territory | Processing of data of people who are in the Union, in certain cases (Art. 3(2)). | Processing outside India in connection with offering goods or services to people in India (s.3(b)). |
| Legal grounds | Six grounds, including legitimate interests (Art. 6(1)(a) to (f)). | Consent, or the listed certain legitimate uses (s.4(1), s.7). No legitimate interests clause found. |
| Consent | Freely given, specific, informed and unambiguous, by a statement or clear affirmative action (Art. 4(11)). | Free, specific, informed, unconditional and unambiguous, with a clear affirmative action (s.6(1)). |
| Sensitive data | Art. 9 covers processing of special categories of data. | No provision matching Art. 9 found in the sections cited here. |
| Children | Default age 16 for online services based on consent. Member States may lower it, not below 13 (Art. 8(1)). | A child is under 18 (s.2(f)). Verifiable consent of a parent or guardian is needed before processing a child's data (s.9(1)). |
| Individual rights | Access, rectification, erasure, restriction, portability, objection, automated decisions (Arts. 15 to 22). | Access, correction and erasure, grievance redressal, nomination (ss.11 to 14), and duties of the individual (s.15). |
| Breach notice | To the authority without undue delay and, where feasible, within 72 hours of becoming aware (Art. 33(1)). To individuals where the risk is high (Art. 34(1)). | To the Board and each affected person (s.8(6)). Detailed report to the Board within 72 hours (Rule 7(2)(b)). |
| DPO and impact assessment | Set by risk and type of processing (Arts. 35, 37). | Significant Data Fiduciaries notified under s.10(1). |
| Transfers abroad | Transfers to third countries go through adequacy decisions, standard clauses or binding corporate rules (Chapter V). | The Central Government may restrict transfers to countries it notifies (s.16(1)). |
| Top penalty | Up to EUR 20 million or 4% of worldwide turnover, whichever is higher (Art. 83(5)). | Up to Rs 250 crore for security safeguards (Schedule). |
| Point | Verdict | Why |
|---|---|---|
| Consent as a legal ground | Similar | Both allow consent (Art. 6(1)(a), s.4(1)). |
| Consent standard | Partly | The DPDP Act adds the word unconditional (s.6(1)). |
| Proof of consent | Similar | The GDPR controller must demonstrate it (Art. 7(1)). The DPDP business must prove it (s.6(10)). |
| Withdrawal | Similar | Both ask that withdrawing be about as easy as giving consent (Art. 7(3), s.6(4)). |
| Legitimate interests | Differs | A GDPR ground (Art. 6(1)(f)). We found no matching clause in the DPDP Act. |
| Age of a child | Differs | GDPR default 16, lowest 13. DPDP Act under 18. |
| Individual rights | Differs | No portability, restriction or objection heading in ss.11 to 14. |
| Breach notice | Partly | 72 hours appears in both, but for different steps. |
| Maximum penalties | Differs | GDPR: a fixed euro amount or a share of turnover, whichever is higher. DPDP Act: fixed rupee ceilings. |
| Paper records | Differs | The DPDP Act covers digital data, and paper data only once digitised (s.3(a)). |
Verdicts are our reading of the cited provisions, not a statement in either law.
No. The two laws overlap on ideas such as purpose, consent, security and breach response, but they differ on legal grounds, the age for children, the list of individual rights and the penalty ceilings. The sections below set out each difference.
The business remains responsible "irrespective of any agreement to the contrary", even when a vendor does the processing.
Art. 6(1)(a) to (f)
Section 4(1)
The GDPR lets an organisation rely on any one of six grounds: consent, contract, legal obligation, vital interests, a public task, or legitimate interests (Art. 6(1)).
The DPDP Act allows personal data to be processed for a lawful purpose only on the basis of consent or for certain legitimate uses (s.4(1)). Section 7 lists them:
We found no clause in the Act that lets a business process data because it has its own legitimate interest. Section 7 lists nine uses, (a) to (i).
If your GDPR records rely on legitimate interests for something like marketing or analytics, ask what the DPDP basis would be. Without one of the listed uses, the Act points to consent. This is our reading, not a rule stated in the Act.
Under the GDPR, the default age for online services that rely on consent is 16, and Member States may set a lower age, but not below 13 (Art. 8(1)).
The DPDP Act treats anyone under 18 as a child (s.2(f)). Before processing any personal data of a child, the business must obtain the verifiable consent of the parent or lawful guardian (s.9(1)). This is not limited to online services. The Act also bars processing likely to harm a child's well-being, and bars tracking, behavioural monitoring and targeted advertising directed at children (s.9(2) and (3)).
A child is someone who "has not completed the age of eighteen years".
The Rules give limited exemptions for essential purposes such as healthcare, education and real-time safety, according to the government's release of 14 November 2025. Read the Rules before relying on one.
A learning app lets a 16-year-old sign up on her own. Under the GDPR rule for online services, a 16-year-old can consent for herself. Under the DPDP Act she is a child, so verifiable parental consent comes first, unless a Rules exemption applies to the app.
The standards are close but not the same. The GDPR asks for consent that is freely given, specific, informed and unambiguous (Art. 4(11)). The DPDP Act adds the word unconditional and limits consent to the data needed for the stated purpose (s.6(1)).
| Right | GDPR | DPDP Act |
|---|---|---|
| Access | Found Art. 15 | Found Section 11 |
| Correction | Found Art. 16, rectification | Found Section 12, correction and erasure |
| Erasure | Found Art. 17 | Found Section 12 |
| Restriction of processing | Found Art. 18 | Not found No matching heading in ss.11 to 14 |
| Data portability | Found Art. 20 | Not found No matching heading in ss.11 to 14 |
| Objection | Found Art. 21 | Not found No matching heading in ss.11 to 14. See s.6(4) on withdrawal of consent. |
| Automated decisions | Found Art. 22 | Not found No matching heading in ss.11 to 14 |
| Grievance redressal | Not found No matching heading among Arts. 15 to 18 and 20 to 22 | Found Section 13 |
| Nomination | Not found No matching heading among Arts. 15 to 18 and 20 to 22 | Found Section 14 |
| Duties of the individual | Not found No matching heading among Arts. 15 to 18 and 20 to 22 | Found Section 15 |
The government's release says Data Fiduciaries must respond to access, correction, updating and erasure requests within a maximum of 90 days.
The GDPR asks for notice to the supervisory authority without undue delay and, where feasible, not later than 72 hours after becoming aware (Art. 33(1)). Individuals are told when the breach is likely to result in a high risk (Art. 34(1)).
The DPDP Act works differently. Section 8(6) requires intimation of a personal data breach to the Board and to each affected person, and it sets no risk threshold. Rule 7 splits the duty into steps:
The detailed report is due "within seventy-two hours of becoming aware of the breach".
These duties start on 13 May 2027. See our guide on the DPDP breach notification rule.
The DPDP Act keeps the business accountable. Section 8(1) makes the Data Fiduciary responsible for compliance irrespective of any agreement to the contrary, and that covers processing done on its behalf by a Data Processor. Section 8(2) allows a Data Processor to be engaged only under a valid contract.
Review vendor contracts with this in mind. A clause that pushes the blame onto the vendor does not move the responsibility under the Act. This is our reading, based on the words of s.8(1).
Under the GDPR, a data protection impact assessment is needed for certain high-risk processing (Art. 35), and a data protection officer is needed in the cases listed in Art. 37.
Under the DPDP Act these duties fall on Significant Data Fiduciaries, which the Central Government may notify (s.10(1)). A Significant Data Fiduciary must appoint a Data Protection Officer (s.10(2)) and carries further duties under s.10 and the Rules. Check the Gazette for any notification before relying on this point.
The GDPR provides for transfers of personal data to third countries through mechanisms such as an adequacy decision, standard data protection clauses or binding corporate rules (Chapter V).
Under the DPDP Act, the Central Government may restrict transfers to countries or territories it notifies (s.16(1)). See our guide on cross-border data transfer.
| Breach | Penalty may extend to |
|---|---|
| Reasonable security safeguards (s.8(5)) | Rs 250 crore |
| Notice of a personal data breach (s.8(6)) | Rs 200 crore |
| Additional obligations for children (s.9) | Rs 200 crore |
| Significant Data Fiduciary obligations (s.10) | Rs 150 crore |
| Duties of the Data Principal (s.15) | Rs 10,000 |
| Any other provision of the Act or the Rules | Rs 50 crore |
The Schedule also covers a breach of a voluntary undertaking accepted by the Board. The Board imposes a penalty after an inquiry (s.33(1)). The GDPR has two tiers: up to EUR 10 million or 2% of total worldwide annual turnover, and up to EUR 20 million or 4%, in each case whichever is higher (Art. 83(4) and (5)). The DPDP amounts are fixed figures with no link to turnover.
Practice: these are our reading of the sections cited, not requirements stated in the Act.
| Claim you may hear | What the texts say |
|---|---|
| The DPDP Act has legitimate interests as a ground. | Section 4(1) allows consent or certain legitimate uses. Section 7 lists nine uses. We found no general interest test. |
| The DPDP Act gives a right to data portability. | Sections 11 to 14 are headed access, correction and erasure, grievance redressal and nomination. We found no portability right there. |
| A child is under 16 or 13 in India. | A child is under 18 (s.2(f)). |
| DPDP fines are a share of turnover. | The Schedule sets fixed rupee ceilings, the highest being Rs 250 crore. |
| The DPDP Act covers paper records. | It covers digital data, and paper data only once digitised (s.3(a)). |
| The 72 hours is the only breach deadline. | Each affected person must be told on becoming aware, and the Board without delay. The 72 hours is for the detailed report (Rule 7). |
| The DPDP Act is fully in force. | The main duties and penalties start on 13 May 2027. Rule 4 starts on 13 November 2026. |
No. They share ideas such as consent, security and breach notice, but they differ on legal grounds, the age of a child, individual rights, breach reporting and penalties.
We found none. Section 4(1) allows consent or the certain legitimate uses listed in s.7.
The DPDP Act treats anyone under 18 as a child (s.2(f)). The GDPR default age for consent to online services is 16, and Member States may lower it, but not below 13 (Art. 8(1)).
We found no such right among sections 11 to 14, which cover access, correction and erasure, grievance redressal and nomination. The GDPR has one in Art. 20.
No. A GDPR programme helps, but the DPDP Act has its own legal grounds, age rule, rights, breach steps and penalties that need separate checks.
The DPDP Schedule sets fixed ceilings, up to Rs 250 crore. The GDPR ceilings are up to EUR 20 million or 4% of worldwide annual turnover, whichever is higher.
Only data collected in digital form, or collected in non-digital form and digitised later (s.3(a)).
The main duties and penalties start on 13 May 2027. The Consent Manager provisions (s.6(9) and Rule 4) come into force on 13 November 2026.
This page explains the law and is not legal advice. Where a point depends on facts, take advice from a qualified lawyer. Items marked as practice are our reading and suggestions, not requirements of the Act, the Rules or the GDPR.
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