DPDP Act compliance

DPDP Act vs GDPR: key differences for businesses

If you already comply with the GDPR, you are part of the way there, but not all of it. These are the differences that catch companies out.

188 days to the DPDPA compliance deadline (13 May 2027)See the 2027 roadmap →
Quick answer

The DPDP Act is narrower than the GDPR in some ways and stricter in others. It covers only digital personal data, has no special category of sensitive data, and has no 'legitimate interests' ground, only a fixed list of legitimate uses. It requires every breach to be reported, treats everyone under 18 as a child, and sets fixed penalties up to ₹250 crore instead of a percentage of turnover.

Legitimate interests
Not available under DPDP
Child age
18 (GDPR: 16 by default)
Breach reporting
All breaches (GDPR: risk-based)
Fines
Fixed caps (GDPR: up to 4% of turnover)
DPDP Act, 2023 compared with the EU GDPR
TopicDPDP Act (India)GDPR (EU)
ScopeDigital personal data, or offline data later digitisedAutomated processing and structured filing systems, including paper
Lawful groundsConsent or listed legitimate uses (Section 7)Six grounds, including legitimate interests and contract
Sensitive dataNo separate categorySpecial categories with stricter rules
ChildrenUnder 18; verifiable parental consentUnder 16 by default (member states may set 13–16)
NoticeShort standalone notice, in English or Eighth Schedule languagesDetailed information under Articles 13–14
Breach reportingEvery breach, to the Board and to individuals; details within 72 hoursTo the authority within 72 hours if there is a risk; to individuals if high risk
Data portabilityNoYes
Right to nominateYes, someone to act after death or incapacityNo equivalent
DPOOnly for Significant Data FiduciariesFor public bodies and large-scale or sensitive processing
Cross-border transfersAllowed except to countries the government restrictsOnly with adequacy, safeguards such as SCCs, or derogations
PenaltiesFixed caps per breach, up to ₹250 croreUp to €20 million or 4% of global turnover
Compensation to individualsNot providedYes, under Article 82
Publicly available dataExcluded if made public by the individualStill covered

What GDPR-ready companies still need to change

  • Replace 'legitimate interests' processing with consent or a Section 7 legitimate use.
  • Lower the age-gate assumptions: under-18s are children.
  • Report every breach, not only risky ones.
  • Offer the notice in Indian languages on request and add a link to complain to the Data Protection Board.
  • Add the right to nominate.

Frequently asked questions

If I comply with GDPR, am I compliant with the DPDP Act?

Not fully. GDPR programmes cover much of the groundwork (data mapping, security, processor contracts), but the DPDP Act differs on lawful grounds, children's age, breach reporting and notice language.

Does the DPDP Act have 'legitimate interest'?

No. Instead, Section 7 lists specific 'legitimate uses' such as employment, legal obligations, emergencies and data voluntarily provided for a specified purpose.

More DPDP Act guides

See all deadlines on the compliance calendar, or browse the compliance hub.

This guide is general information based on the law as of 25 October 2026, not legal advice. Rules and dates can change by notification; speak to a professional about your situation.

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