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India’s Digital Personal Data Protection Act (DPDPA) and the EU’s General Data Protection Regulation (GDPR) are separate legal frameworks, not interchangeable compliance checklists. A company may fall within both, but each law has its own scope tests, processing grounds, individual rights, breach duties, and transfer rules. The DPDPA Rules, 2025 also take effect in phases; as of 11 October 2026, several provisions remain scheduled for later commencement.
When can the DPDPA, the GDPR, or both apply?
Run a separate territorial-scope assessment for each law. The DPDPA concerns digital personal data processed in India and also reaches certain processing outside India when connected with offering goods or services to Data Principals in India. The GDPR can apply to processing in the context of an EU establishment, even when the processing itself takes place elsewhere. It can also apply to an organization outside the EU that offers goods or services to people in the EU or monitors their behavior there.
These tests are not based solely on where a company is incorporated, where its servers sit, or whether it has an office in a particular country. Consider the people whose data is processed, the relevant offering or monitoring activity, the processing context, and the location or establishment connections identified by each law. An Indian business targeting people in the EU, for example, should not assume that DPDPA compliance settles its GDPR position; the reverse is also true.
How do the laws differ on lawful processing grounds?
The DPDPA permits processing on the basis of consent or a specified legitimate use under the Indian Act. The GDPR has six lawful bases in Article 6: consent, performance of a contract or pre-contractual steps requested by the person, compliance with a legal obligation, protection of vital interests, performance of a task in the public interest or exercise of official authority, and legitimate interests, subject to the GDPR’s conditions and exceptions.
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Those lists are not equivalent. In particular, a GDPR entry such as contract or legitimate interests is not, by itself, a DPDPA ground. Record the applicable provision for each jurisdiction and processing purpose rather than copying a legal-basis label from one register into another.
Consent needs its own assessment
Under section 6(1) of the DPDPA, consent must be “free, specific, informed, unconditional and unambiguous,” given through clear affirmative action, and limited to data necessary for the specified purpose. The Act also provides for withdrawal with ease comparable to the ease of giving consent. Under the GDPR, consent is one available lawful basis, and its validity must meet GDPR consent requirements; an organization may instead rely on another Article 6 basis where appropriate.
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For developers, this means a consent interface is not a substitute for deciding whether consent is the correct basis. Tie each request to a specific purpose, avoid bundling unnecessary data into that request, and keep the consent record and withdrawal path connected to the processing it controls. For privacy teams, document the Indian ground and GDPR basis separately, including the rationale for each.
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Both laws give individuals ways to understand and act on processing, but their rights and procedures differ. The DPDPA uses the term “Data Principal”; the GDPR generally uses “data subject.” Design request handling against the applicable law, including its exceptions, identity checks, response requirements, and instructions to processors.
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| Framework | Rights and mechanisms highlighted in the law | Practical design implication |
|---|---|---|
| DPDPA | Access to information about personal data processing; correction, completion, and updating; erasure; grievance redressal; and nomination. | Include a route for grievances and nominations, not just access, correction, and deletion requests. |
| GDPR | Access, rectification, erasure, restriction of processing, data portability, objection, and rights relating to certain automated decision-making. | Assess portability, objections, restriction, and automated-decision requests under GDPR rules where they apply. |
One intake form may help route requests, but one response template or one set of exceptions should not be assumed to satisfy both regimes. Track the jurisdiction, request type, identity-verification outcome, applicable deadline and exception, and any downstream action required of a processor.
How should teams handle a personal data breach?
Keep distinct incident decision trees and legal clocks. Under GDPR Article 33(1), a controller generally must notify the competent supervisory authority without undue delay and, where feasible, within 72 hours after becoming aware of a personal data breach, unless the breach is unlikely to result in a risk to people’s rights and freedoms. GDPR Article 34 separately addresses communication to affected people when the breach is likely to result in a high risk, subject to stated exceptions.
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The DPDPA requires security safeguards and notification to the Data Protection Board of India and affected Data Principals in the prescribed manner. Do not convert that requirement into the GDPR’s 72-hour rule: the obligations are not the same, and operational details depend on the applicable Indian Rules and guidance.
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How do international data transfers differ?
The DPDPA enables the Indian government to restrict transfers of personal data to notified countries or territories, and it preserves the operation of stricter Indian laws. Check current notifications and any stricter sectoral requirements relevant to the data and organization; do not assume that an unrestricted route under one rule settles the matter under another.
GDPR Chapter V sets a separate framework for transfers outside the EU, including adequacy decisions and appropriate safeguards. Map the relevant transfer route for each flow, including onward transfers, and record the mechanism relied on. A transfer analysis should be done independently for India and GDPR-covered processing.
Which Indian DPDP Rules are in force now?
The Digital Personal Data Protection Rules, 2025 were notified in the Gazette on 13 November 2025 with phased commencement. As of 11 October 2026, the Gazette schedule provides:
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| Rules | Commencement under the Gazette schedule | Status on 11 October 2026 |
|---|---|---|
| Rules 1, 2, and 17–21 | On publication, 13 November 2025 | In force under that schedule. |
| Rule 4 | One year after publication, 13 November 2026 | Not yet commenced on 11 October 2026. |
| Rules 3, 5–16, 22, and 23 | Eighteen months after publication, 13 May 2027 | Not yet commenced on 11 October 2026. |
Do not treat every Rule as effective merely because the Rules were published. Map each operational obligation to its own commencement date and verify the Gazette schedule against any later official amendment, corrigendum, or notification before relying on it.
Quick Recap
How should developers and privacy teams put the comparison into practice?
- Inventory processing. For each purpose, record the data category, people affected, processing locations, systems, recipients, and relevant vendors or processors.
- Run two scope tests. Document the DPDPA connections and the GDPR establishment, offering, or monitoring connections separately. Record why each law does or does not apply.
- Maintain a purpose-to-ground register. For each Indian purpose, identify consent or the precise legitimate-use provision. For each GDPR purpose, record the Article 6 basis and any additional requirements that apply.
- Build purpose-aware notices and consent flows. Make the purpose and requested data understandable, limit an Indian consent request to necessary data, and provide a withdrawal route with comparable ease. Apply Rules requirements according to their commencement dates.
- Route rights requests by law. Preserve identity-verification results, request scope, deadlines, exceptions, and any instructions for processors. Include DPDPA grievance and nomination handling, and GDPR-specific rights where applicable.
- Separate breach playbooks. Record discovery time and risk assessment, then assess authority and individual notification duties under each applicable framework on its own terms.
- Map transfer routes. Track transfers and onward transfers, check Indian government restrictions and stricter Indian laws, and document the applicable GDPR Chapter V route where required.
- Assess additional organizational duties. Determine whether the organization may be designated a Significant Data Fiduciary under the DPDPA. Separately assess role- and risk-dependent GDPR duties, including whether a data protection officer or impact assessment is required.
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