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Regulation (EU) 2016/679.

The General Data Protection Regulation (GDPR) Codex

Chapter II: Principles

Article 5: The 7 Principles

  • 1. Lawfulness, Fairness, Transparency
  • 2. Purpose Limitation
  • 3. Data Minimization
  • 4. Accuracy
  • 5. Storage Limitation
  • 6. Integrity & Confidentiality
  • 7. Accountability (Controller must demonstrate compliance)

Article 6: Lawfulness of Processing

Consent
Contract
Legal Obligation
Vital Interests
Public Task
Legitimate Interests

Chapter III: Rights of Data Subject

15

Right of Access

Subject has right to know if data is being processed and access a copy.

17

Right to Erasure (Right to be Forgotten)

Obtain erasure of personal data without delay.

20

Right to Data Portability

Receive personal data in structured, machine-readable format.

22

Automated Decision Making

Right not to be subject to decisions based solely on automated processing.

Chapter V: International Transfers

Art. 45: Adequacy Decisions

Transfer allowed to countries with adequate protection level (e.g., Japan, UK, Argentina).

Art. 46: Standard Contractual Clauses

Commission-approved contracts for transfers without adequacy decision.

Art. 47: Binding Corporate Rules

Internal policies for intra-group transfers.

Art. 49: Derogations

Specific situations: explicit consent, contract necessity, legal claims.

Chapter VIII: Penalties

€20M
or 4% Global Turnover

For violations of basic principles, data subject rights, international transfers

€10M
or 2% Global Turnover

For technical and organizational measures, record-keeping failures

GDPR and DPDPA: questions and answers

What are the key GDPR thresholds?

The GDPR (Regulation (EU) 2016/679) has applied since 25 May 2018. Article 33 requires notification of a personal data breach to the supervisory authority without undue delay and, where feasible, within 72 hours. Article 83 sets administrative fines of up to €20 million or 4% of total worldwide annual turnover, whichever is higher, for the most serious infringements.

How does DPDPA differ from the GDPR?

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.

Does DPDPA apply to companies outside India?

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.

Which provisions of the DPDPA and the DPDP Rules, 2025 are relevant to GDPR and DPDPA?

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).

Who advises businesses on GDPR and DPDPA under India's DPDPA?

AMLEGALS, an Indian law firm, advises Data Fiduciaries, Data Processors and foreign companies on GDPR 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].

What should I send AMLEGALS to get a scoped proposal on GDPR and DPDPA?

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 GDPR and DPDPA rather than a generic checklist.

How do I get a first view of my DPDPA exposure on GDPR and DPDPA?

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 GDPR and DPDPA · DPDPA Exposure Assessment