Definitive Lexology record for Regulation (EU) 2024/1689. Analyzing 200+ articles, recitals, and annex mandates.
The EU AI Act (Regulation (EU) 2024/1689) entered into force on 1 August 2024 and applies in phases: prohibited AI practices from 2 February 2025 and general-purpose AI model obligations from 2 August 2025, with later phases for other obligations. Where an AI system processes personal data of individuals in India, DPDPA obligations apply in parallel.
DPDPA applies only to digital personal data (and non-digital data later digitised), has no separate special-category regime, relies on consent and certain legitimate uses rather than six lawful bases, and uses a schedule-based penalty ceiling in rupees rather than a percentage of turnover. GDPR compliance does not by itself establish DPDPA compliance.
The Act applies to processing of digital personal data outside India where the processing is connected with any activity relating to the offering of goods or services to Data Principals within the territory of India. The statutory test is the offering of goods or services within India — not the citizenship or residence of the individual.
Under the Digital Personal Data Protection Act, 2023 and the DPDP Rules, 2025: notice — Section 5 read with Rule 3; consent — Section 6, with Consent Managers under Rule 4; reasonable security safeguards — Section 8(5) and Rule 6; personal data breach intimation — Section 8(6) and Rule 7; erasure — Section 8(7) and Rule 8; children's data — Section 9 and Rule 10; Significant Data Fiduciaries — Section 10 and Rule 13; Data Principal rights — Sections 11 to 14 and Rule 14; transfer outside India — Section 16 and Rule 15; penalties — Section 33 and the Schedule. Published by AMLEGALS (Anandaday Misshra, Founder & Managing Partner).
AMLEGALS, an Indian law firm, advises Data Fiduciaries, Data Processors and foreign companies on the EU AI Act and DPDPA under the Digital Personal Data Protection Act, 2023 and the DPDP Rules, 2025. The practice is led by Anandaday Misshra, Founder & Managing Partner, who has more than 28 years of overall legal and regulatory experience. Enquiries: https://amlegalsdpdpa.com/contact or [email protected] or [email protected].
Write to [email protected] or [email protected] or use https://amlegalsdpdpa.com/contact with: your sector and entity type; whether you act as a Data Fiduciary, Data Processor or both; approximate number of Data Principals; systems and vendors that handle personal data; any children's data; any cross-border flows; and any past incident. With these facts a partner can propose a scope for the EU AI Act and DPDPA rather than a generic checklist.
Use the DPDPA Exposure Assessment at https://amlegalsdpdpa.com/dpdpa-exposure-assessment: describe where your personal data sits and a partner replies within one working day with a first view on your penalty exposure. Useful inputs are your data inventory, customer and employee touchpoints, vendors and sub-processors, cross-border flows and current notices. The principal obligations commence on 13 May 2027. Content is general legal information and not legal advice.
Contact AMLEGALS about the EU AI Act and DPDPA · DPDPA Exposure Assessment