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Home › Compare laws side by side › DPDP Act / DPDP Rules vs EU GDPR

DPDP Act / DPDP Rules vs EU GDPR

Digital Personal Data Protection Act, 2023 and Digital Personal Data Protection Rules, 2025 (India) compared with Regulation (EU) 2016/679 (General Data Protection Regulation) (European Union (EEA)) on the same topics. Every value comes from the law pages, which link to the official sources.

TopicDPDP Act / DPDP Rules
India
11/14 facts confirmed by two sources
EU GDPR
European Union (EEA)
✓ Confirmed by two sources
StatusEnacted; phased in. Rules notified 13 Nov 2025 (G.S.R. 846(E)). Board rules in force 13 Nov 2025; consent-manager rules from 13 Nov 2026; most business obligations from 13 May 2027. Sources differ on which rules start on 13 Nov 2026.In force since 25 May 2018. Digital Omnibus amendments proposed Nov 2025, not adopted as of Oct 2026.✓
Who it applies toProcessing of digital personal data in India, and processing outside India linked to offering goods or services to people in India. Personal/domestic use and data made public by the individual are excluded.✓Any organisation processing personal data in the context of an EU establishment, plus non-EU organisations that offer goods/services to people in the EU or monitor their behaviour there.✓
Size thresholdsNo size threshold: every Data Fiduciary is covered. Government may designate Significant Data Fiduciaries (SDFs) based on data volume, sensitivity and risk; SDFs carry extra duties.✓None — applies regardless of size. Limited record-keeping relief for organisations under 250 staff (Art 30(5)), lost if processing is risky, not occasional, or includes special-category or criminal data.✓
RegulatorData Protection Board of India (appeals to TDSAT); rules made by the Ministry of Electronics and IT (MeitY)✓National data protection authorities (DPAs), coordinated by the European Data Protection Board (EDPB)✓
Breach or incident reportingFrom 13 May 2027 (DPDP Rule 7): inform the Board without delay and file a detailed report within 72 hours of becoming aware (extendable by the Board); tell each affected person without delay in plain language. In force now: report specified cyber incidents to CERT-In within 6 hours (CERT-In Directions, 28 Apr 2022).✓Notify the competent supervisory authority without undue delay and within 72 hours of becoming aware, unless the breach is unlikely to result in a risk to individuals (Art 33). If you have an EU main establishment, that is your lead authority; if you have no EU establishment (even with an EU representative), notify the authority of every member state where affected people live (EDPB Guidelines 9/2022, para 73). Tell affected individuals without undue delay if the risk is high (Art 34).✓
Deadline to answer personal data requestsFrom 13 May 2027: people can ask for access, correction, completion, updating and erasure of their data (DPDP Act ss.11–12). Neither the Act nor the Rules set a fixed reply deadline for these requests; grievances must be resolved within a reasonable period not exceeding 90 days (Rule 14(3), Act s.13).1 month from receipt; extendable by 2 further months for complex requests if the person is told within the first month. Free of charge unless manifestly unfounded or excessive.✓
Data protection officerFrom 13 May 2027: all fiduciaries must publish contact details of a person who can answer data queries (a designated officer or DPO). Significant data fiduciaries must appoint an India-based DPO reporting to the board.✓DPO mandatory for public bodies, and where core activities involve large-scale regular and systematic monitoring, or large-scale processing of special-category or criminal-offence data.✓
Local representativeNo separate local representative rule. Foreign fiduciaries in scope must still publish a contact person; SDF DPOs must be based in India.✓Non-EU controllers/processors caught by Art 3(2) must appoint an EU representative in writing, unless processing is occasional, low-risk and excludes large-scale sensitive data, or they are a public body.✓
Sending data abroadAllowed by default unless the government restricts a country or conditions by order. Sector rules (e.g. RBI, SEBI) may require localisation. SDFs may face data-localisation directions and cannot send specified traffic data abroad.✓Transfers outside the EEA need an adequacy decision (e.g. UK, Switzerland, EU-US Data Privacy Framework), or safeguards such as Standard Contractual Clauses or Binding Corporate Rules, or a narrow Art 49 derogation.✓
Cookies and consentFrom 13 May 2027: consent must be free, specific, informed and unambiguous, after a clear notice, and can be withdrawn as easily as given. Verifiable parental consent is needed for under-18s; no tracking or targeted ads aimed at children.✓Cookie/tracker consent is governed by the ePrivacy Directive Art 5(3); where consent is the GDPR legal basis it must be freely given, specific, informed, unambiguous and as easy to withdraw as to give.✓
Maximum penaltyUp to INR 250 crore per breach for failing to keep reasonable security safeguards; up to INR 200 crore for breach-notice or children's data failures; up to INR 150 crore for breaching SDF duties; up to INR 50 crore for other violations.✓Up to EUR 20 million or 4% of total worldwide annual turnover, whichever is higher (lower tier: EUR 10 million or 2%).✓

= confirmed by two independent sources, at least one official.

Facts marked “Being verified” are still being confirmed and are not given as answers.

Who each law applies to

DPDP Act / DPDP Rules
Processing of digital personal data in India, and processing outside India linked to offering goods or services to people in India. Personal/domestic use and data made public by the individual are excluded.
EU GDPR
Any organisation processing personal data in the context of an EU establishment, plus non-EU organisations that offer goods/services to people in the EU or monitor their behaviour there.

What you must do under DPDP Act / DPDP Rules

Full DPDP Act / DPDP Rules page, sources and checklist

What you must do under EU GDPR

Full EU GDPR page, sources and checklist

Information only, not legal advice. Laws change; confirm with the regulator or a qualified lawyer before relying on this page. Spotted an error? Email contact@glancedeskjurisdiction.com.