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India's privacy law
Your GDPR work is a head start in India, not a finish line.
If your company already answers to European regulators, much of what you built will help with India's Digital Personal Data Protection Act, 2023 (the DPDP Act) and the DPDP Rules, 2025. Some of it will mislead you. This page sorts your GDPR file into three piles: reuse, adjust, and build new. Each DPDP topic has its own guide, linked at the end.
Back to GDPR services01 · What carries over
Sorting your GDPR file for India
Most artefacts transfer. Almost none transfer untouched.
| What you have for GDPR | Use for DPDP | What to change |
|---|---|---|
| Article 30 processing record | Reuse as the base inventory | Add which records are digital or digitised, and which purposes rest on consent versus a listed legitimate use |
| Privacy notice | Adjust | DPDP notices are tied to each consent request and must offer the content in English or a language in the Eighth Schedule on request |
| Consent capture and logs | Adjust | Withdrawal must be as easy as giving consent, and a registered consent manager may sit between you and the person |
| Access request workflow | Reuse with additions | Add correction, erasure, grievance handling and the right to nominate someone |
| Processor contracts | Reuse | Name the DPDP Act and require prompt breach reports from the processor |
| Breach playbook | Adjust | Remove the risk threshold for telling people and add the Board's reporting steps |
| DPIA method | Reuse if designated | Only a Significant Data Fiduciary is required to run periodic impact assessments |
| ISO 27001 or Article 32 controls | Reuse | Map them to the reasonable security safeguards the Rules describe |
02 · Role names
Translate the names before you translate the documents
Same positions on the field, different jerseys, and one new player.
- Data Fiduciary
- Your GDPR controller: decides the purpose and the means.
- Data Processor
- Same idea as under the GDPR: processes on the fiduciary's behalf.
- Data Principal
- The data subject. For a child or a person with a disability who has a lawful guardian, it includes the parent or guardian.
- Consent Manager
- New. A Board-registered intermediary that lets people give, review and withdraw consent across fiduciaries.
- Significant Data Fiduciary
- No GDPR twin. A fiduciary the central government designates for extra duties, based on factors such as volume and sensitivity of data.
- Data Protection Board of India (the Board)
- The enforcement body, closer to a single national adjudicator than to the EU's network of authorities.
03 · Habits that mislead
Five GDPR habits that do not travel
Each one feels safe and leaves a gap.
- Leaning on legitimate interests. The DPDP Act has no balancing-test basis. Without consent you need one of the specific legitimate uses it lists.
- Treating 16 as the age of a child. The Act counts anyone under 18 as a child, and processing their data needs verifiable consent from a parent or guardian.
- Scoping in paper files. The Act covers digital personal data, including paper data later digitised. A GDPR scope list may be wider than you need, or miss digitised archives.
- Telling people only when risk is high. Here every affected Data Principal is to be told of a breach, and the Board too.
- Expecting portability requests. The Act gives no data portability right. It does give a right to nominate someone to act after death or incapacity.
04 · Build new
Duties with no GDPR template to copy
Plan these as fresh work, not as edits.
- Children's processing limits. No tracking, behavioural monitoring or targeted advertising directed at children, subject to exemptions the Rules set.
- Duties on Data Principals. People must not file false or frivolous complaints or impersonate others. Your grievance process should record this.
- Grievance before escalation. A person must use your grievance route before approaching the Board, so the route has to work and keep records.
- A transfer model that runs backwards. The GDPR permits transfers only on approved grounds. The DPDP Act allows transfers unless the government restricts a country by notification.
- Notice for older consents. Where consent was given before the Act began, a notice must go out as soon as reasonably practicable.
The Rules add the operating detail, including a fuller breach report to the Board within 72 hours and staggered start dates for most duties. Confirm each date against the notification before planning around it.
05 · Enforcement
Two different ways of setting penalties
Percentages of turnover in Europe; fixed ceilings per breach in India.
GDPR
- Up to €20 million or 4% of worldwide annual turnover for the most serious failures
- Set by national supervisory authorities, reviewed by courts
DPDP Act
- Ceilings fixed in the Schedule, highest ₹250 crore for failing to take reasonable security safeguards
- Set by the Board after an inquiry; appeals go to the Telecom Disputes Settlement and Appellate Tribunal
- The Board may accept a voluntary undertaking to close a matter
Neither law hands out a badge for compliance. What you can show is evidence: records, notices, consent logs, tested controls and, for a Significant Data Fiduciary, an independent data audit.
06 · DPDP guides
Each DPDP topic, in full
This page compares. These pages explain.
- The DPDP Act, 2023 in plain wordsWho it covers, the key terms, and how the law is laid out.
- What a data fiduciary must doThe duties, from notice to security to erasure.
- Valid consent and noticesWhat a notice says and what makes consent count.
- Processing without consentThe legitimate uses and the exemptions, and their limits.
- Personal data breaches under the DPDP ActWho must be told, what they are told, and your records.
- Significant data fiduciariesThe extra duties: DPO, audits and impact assessments.
- The Data Protection Board and penaltiesHow enforcement works and the ceilings the Act sets.
- The DPDP Rules, 2025What the Rules add to the Act, and how they phase in.
Sources: The Digital Personal Data Protection Act, 2023 (Sections 2, 3, 5 to 11, 13 to 17, 27, 29, 32, 33 and the Schedule); the Digital Personal Data Protection Rules, 2025 (MeitY notification); Regulation (EU) 2016/679 (GDPR), Articles 6, 8, 20, 30, 33, 34, 44 to 49 and 83.
Questions from teams running both laws
We have no office in India. Can the Act still reach us?
Yes, if you offer goods or services to people in India.
The Act applies to digital personal data processed within India, and to processing outside India connected with offering goods or services to Data Principals there.
Does our EU representative or DPO cover India too?
Not automatically.
Every Data Fiduciary must publish contact details of a person who can answer questions about its processing. A Significant Data Fiduciary must appoint a Data Protection Officer based in India who answers to its board or a similar body.
Can one privacy notice serve both laws?
It can, if it meets the stricter rule on each point.
Many companies keep one notice with India-specific sections. Check the DPDP points carefully: the purposes tied to each consent, how to withdraw, how to complain to the Board, and the language option.
How would a customer check that we meet the DPDP Act?
By reviewing evidence, since no formal seal exists.
Buyers usually send a questionnaire and ask for records, policies and recent test results. An ISO 27001 certificate or a SOC 2 report covers much of the security side, but not consent, notices or rights handling.
Related guides
Serving both EU and Indian users?
A GDPR gap assessment can map one programme to both laws, and flag where they differ.