⚖ DPDP Act 2023 Reference

DPDP Act 2023 vs GDPR

The differences that actually change what you build. Importing a GDPR programme wholesale over-builds rights machinery and under-builds consent, notice, breach readiness and Indian-language support.

Is the DPDP Act the same as the GDPR? No. The DPDP Act is consent-heavy, rights-light, State-friendly, and has no sensitive-data tier.

Topic DPDP Act 2023 GDPR
Lawful bases 2: consent (s.6) or the closed s.7 list 6, including legitimate interests
Legitimate interests None Art 6(1)(f)
Sensitive data category None. Health, biometric, financial and caste get no special tier Art 9 special categories
Extraterritorial trigger Offering goods or services to India (s.3(b)) Offering or monitoring behaviour
Child age Under 18 (s.2(f)) 16, states may lower to 13
Targeted ads at children Prohibited outright (s.9(3)) Restricted, not banned
Breach notification threshold None. Board and every affected individual (s.8(6)) Risk-based
Breach clock Individuals without delay; Board detailed report in 72 hours (Rule 7) 72 hours to the DPA
DPO Notified Significant Data Fiduciaries only (s.10(2)(a)) Wider Art 37 triggers
Data portability Absent Art 20
Right to object / automated decisions Absent Arts 21, 22
Compensation to individuals Absent. Penalties go to the Consolidated Fund (s.34) Art 82
Cross-border transfers Negative list, permitted by default (s.16) Adequacy, SCCs, BCRs
Regulator Adjudicatory Board with no rule-making power Independent DPAs that issue guidance
Duties on individuals Yes (s.15), penalty up to Rs 10,000 No
Criminal liability None Member-State dependent
Maximum penalty Rs 250 crore 4% of global turnover or EUR 20m

What GDPR-trained teams most often get wrong

  1. Reaching for legitimate interests. It does not exist in the DPDP Act.
  2. Applying a harm threshold to breach notification. There isn't one.
  3. Building portability and automated-decision machinery nobody needs.
  4. Assuming a large company is automatically a Significant Data Fiduciary. It is not, until the Central Government notifies it.
  5. Using 13 or 16 as the child age instead of 18.
  6. Forgetting the Eighth Schedule language requirement: notice and consent must be available in English or any of the 22 scheduled languages (ss.5(3), 6(3)).
  7. Missing that the burden of proving valid notice and consent sits on the business (s.6(10)).

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