DPDPA vs GDPR: Key Differences and Similarities

Multinational organisations operating in both India and EU must navigate two distinct data protection regimes. While DPDPA drew conceptual inspiration from GDPR, critical differences in scope, rights framework, penalty structure, and cross-border provisions demand separate compliance strategies. This article provides systematic comparison.

GDPR applies to all personal data regardless of format. DPDPA applies only to digital personal data, explicitly excluding offline records. GDPR extra-territorial reach extends to any entity processing EU resident data. DPDPA applies to processing in India and offshore processing of Indian resident data. The digital limitation in DPDPA is a significant narrowing.

GDPR provides extensive rights: access, rectification, erasure, restriction, portability, and objection. DPDPA provides: access to summary, correction, erasure, grievance redressal, and nomination. Notably, DPDPA offers only data summary access rather than copy rights under GDPR. Data portability is absent from DPDPA.

GDPR requires positive adequacy determination or appropriate safeguards before transfers. DPDPA adopts negative list approach, permitting transfers except to restricted jurisdictions. GDPR uses Standard Contractual Clauses, Binding Corporate Rules, and adequacy decisions. DPDPA awaits restricted country notification with no equivalent SCCs.

GDPR imposes up to 4% of global turnover or €20 million. DPDPA prescribes absolute caps reaching ₹250 crores. For large multinationals, GDPR exposure is typically higher. For Indian SMEs, DPDPA penalties represent significant risk. DPDPA also lacks the tiered violation categorisation of GDPR Articles 83(4) and 83(5).