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DPDP vs GDPR: The Definitive Comparison for Indian Organisations

India’s Digital Personal Data Protection Act (DPDP Act 2023) and the DPDP Rules 2025 represent the country’s first comprehensive privacy framework.

Many Indian companies already follow GDPR or have implemented ISO/IEC 27701, leading to a common question:

“If we are GDPR-compliant, how much more do we need to do for DPDP?”

The short answer: You have a strong foundation, but DPDP introduces India-specific rules that require re-designing notices, consent UX, retention logic, breach processes, and contractual language.

DPDP vs GDPR — Detailed Comparison Table

CategoryDPDP Act 2023 & Rules 2025GDPRKey Impact for Organisations
Legal BasesConsent + Limited “Legitimate Use” grounds only6 legal bases incl. Legitimate InterestAll GDPR legitimate-interest processing must be re-mapped.
Concept of Legitimate InterestNot recognised✔ Recognised and widely usedCompanies must shift to consent or specific Legitimate Use.
NoticesMust be itemised, simple, purpose-specific, bilingualBroader notices allowedRewrite notices to Rule-3 format.
ConsentUnambiguous, unconditional, affirmative action; equal ease withdrawalAffirmative action; withdrawal required but no “equal ease” mandateRebuild UX to support simple opt-out & audit-proof logs.
Rights (DSR/DSAR)Access, correction, updating, erasure, grievance, nomination; 90-day SLAAccess, rectification, erasure, portability, objection; 30 daysExtend SLA; add nomination; adjust verification.
Children’s DataNo tracking, profiling, behavioural ads; strict parental verification (Schedule IV)Parental consent required, ads allowed in some casesRebuild flows for minors + PWD verification.
PWD (Persons with Disability)Guardian verification required; specific rulesNo equivalent detailed requirementCreate specialised flows.
Retention & ErasurePurpose completion → erase; Third Schedule (3-year inactivity + 48hr notice); Seventh Schedule (1-year mandatory retention)Retain only as long as necessaryFully re-map retention schedule.
Breach NotificationImmediate to users + immediate to DPB + detailed 72-hour follow-up72 hours to supervisory authority; user notification risk-basedBuild dual notification workflows.
Cross-Border TransfersBlacklist model (Schedule V); sector localisation unchangedFree flow if safeguards existReview hosting, cloud vendors & contracts.
Processor ContractsMust use DF/DP terminology; DPDP-specific clausesController/Processor clausesRewrite contracts + add DPDP-specific obligations.
Log Retention1 year (default); 3 years for large platforms (Schedule VI)No fixed durationUpdate logging & SIEM retention.
SDF (Significant Data Fiduciary)DPO to Board, DPIA, audits, algorithmic due diligenceNo equivalent designationAssess SDF likelihood early.
EnforcementDPB (digital-first), penalties up to ₹250 croreSupervisory authorities, GDPR finesStrengthen evidence, templates, timelines.

Already GDPR or ISO 27701 Compliant? Here’s What You Still Need to Fix for DPDP Act 2023 & Rules 2025

Many organisations assume that having GDPR compliance—or even a mature ISO/IEC 27701 PIMS—means they are largely ready for the DPDP Act. Unfortunately, that’s not true.

DPDP introduces India-specific duties, formats, notices, UX expectations, retention rules, breach timelines and record-keeping requirements that do not exist under GDPR. What you already have becomes a helpful foundation, but not a substitute.

Here is the exact list of what GDPR-aligned organisations must change before DPDP deadlines.

1. Re-map All Legal Bases (No “Legitimate Interest” in DPDP)

Under GDPR, many processes rely on Legitimate Interest.
DPDP does not recognise this concept at all.

India uses strict “Legitimate Use” grounds (Section 7) that only apply when:

  • the individual voluntarily gives data for a specific purpose
  • processing is required by law
  • employment situations
  • emergencies
  • judicial orders
  • fraud prevention

Everything else — including analytics, personalisation, marketing, tracking, profiling — must go under explicit consent.

Action:
Create a DPDP-specific Legal Basis Register and re-map every processing activity.

2. Rewrite All Privacy Notices (Rule 3)

DPDP notices must be short, specific, itemised and bilingual.
GDPR-style broad or multi-purpose notices do not work.

Your new notices must include:

  • identity & contact of the Data Fiduciary
  • itemised list of personal data collected
  • a single, specific purpose
  • rights under DPDP
  • easy consent withdrawal
  • grievance officer details
  • language options (English + 8th Schedule language)

Action:
Rewrite all web/app notices, banners, onboarding messages and data capture journeys.

3. Tighten Consent UX (Section 6)

DPDP requires consent to be:

  • free
  • specific
  • informed
  • unambiguous
  • unconditional
  • recorded
  • withdrawal-friendly (“equal ease”)

This invalidates GDPR practices like:

  • pre-ticked boxes
  • “by continuing you agree” banners
  • bundled consent
  • vague consent buried in T&C

Action:
Design simpler consent and withdrawal UX, backed by audit-ready logs.

4. Build New DPDP-Specific Records & Registers

GDPR RoPA is not enough.

You need to add:

A. Section-7 Legitimate Use Register

Must track:

  • purpose
  • voluntary provision
  • absence of refusal
  • data minimisation
  • safeguards applied

B. Updated Processing Inventory

Include:

  • DF/DP roles
  • India-territory link
  • retention + schedule mapping (Third, Sixth, Seventh)
  • SDF indicators

Action:
Extend your RoPA to include DPDP fields.

5. Update Breach Governance (Dual Notification)

DPDP breach rules differ significantly from GDPR:

  • Immediate notice to affected individuals
  • Immediate notice to DPB, followed by a detailed report within 72 hours
  • Log retention:
    • 1 year for all
    • 3 years for large platforms (Schedule VI)

Action:
Rewrite breach runbooks + templates + escalation matrix.

6. Implement India’s Retention & Erasure Logic (Rule 6 + Schedules)

GDPR uses “store as long as necessary”.
DPDP is much more specific.

You must implement:

  • Purpose completion logic (Section 8(7))
  • 1-year log retention (Schedule VI)
  • 3-year inactivity + 48-hour pre-erasure notice for large e-commerce, gaming, and social media platforms (Third Schedule)
  • 1-year mandatory retention for sovereign/statutory functions (Seventh Schedule)

Action:
Rebuild your retention policy to include Act + Rules + Schedules.

7. Build Special Workflows for Children & Persons With Disability (PWD)

India imposes stricter requirements than GDPR:

  • verifiable parental consent
  • no behavioural tracking
  • no profiling
  • no targeted advertising
  • exceptions only for real-time safety (Schedule IV)
  • guardian verification for PWD under RPwD / National Trust rules

Action:
Implement standalone flows for child and PWD data.

8. Update DSAR (Rights) Workflows for India

DPDP rights differ from GDPR:

  • 90-day SLA (not 30)
  • nomination right (post-death or incapacity)
  • local verification requirements
  • erasure subject to statutory retention

Action:
Re-map your DSAR workflows to DPDP’s rights and timelines.

9. Rewrite Vendor / Processor Contracts (DF/DP Roles)

GDPR-style DPA clauses are insufficient.

Add DPDP-specific clauses:

  • DF/DP terminology
  • 1-year log retention
  • DPDP-aligned breach cooperation
  • DF support for rights + erasure
  • limits on sub-processing
  • cross-border transfer limits (Schedule V)
  • sectoral localisation (RBI/IRDAI rules still continue)

Action:
Update all vendor contracts, cloud/SaaS agreements, and DPAs.

10. Prepare for SDF Designation (High Volume / High-Risk Entities)

If your organisation is likely to be designated an SDF, you must add:

  • DPO reporting directly to the Board
  • annual independent privacy audit
  • DPIA
  • algorithmic due-diligence (for AI/ML)
  • possible localisation directives

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