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DPDP Act guide

DPDP Act and GDPR: the main differences

Teams that already run a GDPR programme have a head start on the DPDP Act: an inventory, notices, a rights process and a breach plan. Several rules differ, though, and some GDPR habits will not carry over. The table and notes below set out the main differences.

The law as of October 2026.

In shortAs of October 2026

  1. The DPDP Act has no general legitimate interests ground, so consent carries more weight.
  2. There is no separate sensitive data category, and a child is anyone under 18.
  3. Every breach is reportable to the Board and affected people.
  4. Penalties are fixed maximums per breach type, up to 250 crore rupees, with no turnover link.

Grounds for processing

The GDPR offers six lawful bases, including legitimate interests. The DPDP Act allows processing on consent or for certain legitimate uses listed in section 7, such as employment purposes, medical emergencies, legal obligations and data a person voluntarily provides for a specified purpose. There is no general legitimate interests ground.

A team that relies on legitimate interests in Europe for fraud analytics or direct marketing will need to find a DPDP ground for the same processing in India, which often means consent.

Sensitive data and children

The DPDP Act has no separate category of sensitive or special category data. All personal data is treated alike, although the Board considers the type and nature of data when setting a penalty.

A child is anyone under 18, and you need verifiable consent of a parent or lawful guardian. The GDPR lets member states set the age for consent to online services between 13 and 16. The DPDP Act also bars tracking, behavioural monitoring and targeted advertising directed at children, subject to exemptions in the Rules.

Rights and breaches

The DPDP Act gives rights to information, correction, completion, updating and erasure, grievance redressal and nomination. It has no right to data portability. Consent can be withdrawn at any time, as under the GDPR.

Breach notification is wider. Every personal data breach must be reported to the Board and to each affected person, with no risk threshold, and a detailed report is due to the Board within 72 hours of becoming aware.

Enforcement and penalties

The Data Protection Board of India inquires into breaches and complaints and imposes penalties. Its orders can be appealed to the Telecom Disputes Settlement and Appellate Tribunal. Penalties are fixed maximum amounts for each type of breach in the Schedule, up to 250 crore rupees, and are not linked to turnover.

What you can reuse from GDPR work

Your record of processing activities is a good base for the DPDP inventory. Processor contracts, breach runbooks and DPIA templates can be adapted. Notices and consent flows usually need the most change, because the grounds differ and the Rules set what a notice must contain and the languages it is offered in.

How TrustOS helps

TrustOS lets you import an existing register, map each activity to a DPDP ground, and flag where a GDPR legitimate interests basis has no direct equivalent. Notices, consent records, rights requests and breach clocks then run on the DPDP timings.

TrustOS does not decide which ground applies to an activity or whether your GDPR position holds in India. Those calls stay with your counsel, and TrustOS does not replace legal advice.

DPDP Act and Rules compared with the GDPR, in summary

TopicDPDP Act and RulesGDPR
Data coveredDigital personal data, including paper records once digitisedPersonal data processed by automated means or held in a filing system
Grounds for processingConsent, or certain legitimate uses listed in section 7Six lawful bases, including legitimate interests
Sensitive dataNo separate categorySpecial categories with extra conditions
ChildrenUnder 18, with verifiable consent of a parent or lawful guardianAge for consent to online services set by member states between 13 and 16
Data portabilityNo portability right in the ActRight to data portability
Breach notificationEvery breach, to the Board and affected people, with a detailed report within 72 hoursTo the authority within 72 hours unless unlikely to result in risk, and to people when the risk is high
RegulatorData Protection Board of India, with appeals to the Appellate TribunalA supervisory authority in each member state
PenaltiesFixed maximum amounts per type of breach, up to 250 crore rupeesUp to 20 million euros or 4% of worldwide annual turnover, whichever is higher
Transfers abroadAllowed unless restricted to a notified country, with stricter Indian laws still applyingAllowed with an adequacy decision or appropriate safeguards

Official sources

This guide explains the law in plain words as of October 2026. It is not legal advice. Dates that depend on notifications can change, so check the official text before you rely on them.

Questions

Common questions

If we comply with the GDPR, do we comply with the DPDP Act?

Partly. Your inventory, security and breach work will help, but grounds, notices, children's data and breach reporting need DPDP specific changes.

Does the DPDP Act have a right to object?

The Act has no general right to object as the GDPR frames it. A Data Principal can withdraw consent at any time, which stops processing based on that consent.

Do we need a representative in India, as with an EU representative?

The Act has no representative requirement of that kind. You must still publish a contact person, and a Significant Data Fiduciary must appoint a DPO based in India.

See it with your data

Show us where your personal data lives. We will show you TrustOS running on it.

A 30 minute walkthrough on Google Meet with someone who knows the Act and the product. You leave with a view of your first phase, the owners and the effort.

Or get a rollout proposal in two minutes
  1. Step 1A 30 minute demo on Google MeetWith someone who knows the Act and the product.
  2. Step 2Your systems and purposesWe walk one product's personal data through TrustOS.
  3. Step 3A first phase you can planModules, owners and effort, written down for you to keep.