GDPR vs DPDPA: Key Differences and Similarities
For multinational organizations operating in both the European Union and India, understanding the similarities and differences between GDPR and DPDPA is crucial for compliance.
Overview
| Aspect | GDPR | DPDPA |
|---|---|---|
| Jurisdiction | European Union | India |
| Effective | May 2018 | 2023 |
| Scope | Broad, applies globally | Applies to data of Indian residents |
Key Similarities
Consent Requirements
Both regulations emphasize informed, specific consent as the primary basis for processing personal data.
Data Subject Rights
Both grant individuals rights including:
- Right to access
- Right to correction
- Right to erasure
- Right to data portability (more limited in DPDPA)
Accountability Principle
Organizations must demonstrate compliance and maintain appropriate documentation.
Breach Notification
Both require notification of data breaches to authorities, though timelines differ.
Key Differences
Territorial Scope
GDPR applies to any organization processing EU residents' data, regardless of location. DPDPA focuses on processing within India and processing by Indian entities.
Legal Bases for Processing
GDPR provides six legal bases including legitimate interests. DPDPA primarily relies on consent and certain deemed consent scenarios.
Data Localization
DPDPA allows the government to restrict transfers to certain countries. GDPR has established adequacy decisions and transfer mechanisms.
Penalties
GDPR: Up to €20 million or 4% of global turnover DPDPA: Up to ₹250 crore (approximately €28 million)
Children's Data
GDPR: Special protections for under-16s DPDPA: Requires verifiable parental consent for under-18s
Compliance Strategy for Both
- Map your data flows across both jurisdictions
- Implement the higher standard where regulations overlap
- Maintain separate consent records for each jurisdiction
- Deploy unified tools that address both requirements
How iqworks Helps
iqworks supports compliance with both GDPR and DPDPA through a unified platform that understands the nuances of each regulation.
Need help navigating multi-jurisdictional compliance? Contact us to learn more.