India’s DPDP Rules Are Changing the Privacy Landscape: What We Can Learn from Europe’s GDPR
India is stepping into a new era of data protection with the fresh Digital Personal Data Protection (DPDP) Rules unveiled in 2025. These rules don’t just tick the boxes; they set a high bar for how personal data should be handled, protected, and respected. But how do they stack up against Europe’s much-discussed GDPR? And importantly—what can Indian businesses do to avoid the pitfalls that slowed down Europe’s progress?
A Fresh Chapter in India’s Privacy Story
The Indian government has launched the DPDP Rules this November, breathing life into the DPDP Act that was passed in 2023. They come packed with clear guidelines for organizations—from how to get consent to how to react swiftly if data is compromised. What’s more, the rules pay special attention to protecting vulnerable groups like children and people with disabilities. The Data Protection Board, now fully digital and proactive, will be the watchdog ensuring these rules don’t stay mere words.
What stands out is the principle they follow: SARAL—Simple, Accessible, Rational, and Actionable. This means companies have to be straightforward and clear in how they handle data—not bury policies in legal jargon but actually connect with and empower their users.
What Businesses Need to Know
If your company operates in India, here’s what you’ll need to get right:
- Every use of personal data should be accompanied by a clear and focused consent notice. No more vague or buried terms.
- Consent managers—sort of digital gatekeepers who help people control their permissions— must be registered and based in India. This adds an extra layer of user trust.
- Robust security measures must be in place: encryption, masking, and backups, so companies aren’t left scrambling when breaches happen.
- If something goes wrong, there’s no time to lose. Affected users must be informed immediately, and the Data Protection Board needs a detailed report within 72 hours.
- Certain kinds of sensitive data will have to stay within India unless strict conditions are met.
- Children’s data gets extra protection, and disabled individuals have rights to appoint digital nominees who can manage their data.
- Big companies will have to regularly assess risks (Data Protection Impact Assessments) and undergo audits.
- Complaints and appeals are now digital-first, aiming for speedy resolutions and easier access.
- Lastly, companies have 18 months to comply—a practical move to avoid chaos and give especially startups some breathing room.
DPDP Versus GDPR: Similar Foundations, Different Paths
While inspired by GDPR, India’s DPDP Rules take their own unique approach:
| Aspect | DPDPRules (India) | GDPR (Europe) |
| Reach | Covers companies handling data; some big government and security exceptions. | Applies broadly with fewer exemptions. |
| Legal Basis for Use | Mostly consent or “legitimate use,” not as
extensive as GDPR |
Consent, contract, vital interest, public interest, legitimate interest. |
| Consent Requirements | Must be clear, specific, and revocable, but simpler overall. | Requires explicit, granular, freely given consent |
| Data Subject Rights | Includes access, correction, erasure, digital nominees; lacks full portability and automated decision opt-outs. | Full data rights including portability, erasure, objections. |
|
Enforcement |
Done by Data Protection Board of India; streamlined digital process. | National regulators with complex, sometimes slow, cross-border enforcement |
| Penalties | Canreach₹250crore, punitive in nature. | Upto€20millionor4%ofglobal
turnover, primarily compensatory. |
| Data Localization | Required for certain critical/sensitive data. | Cross-border transfers allowed on adequacy basis. |
| Protecting Children | Strong, explicit controls and parental consent mandates | Important but less tailored for disabled persons. |
Learning From Europe’s Privacy Journey
India is poised for a major privacy leap, but Europe’s experience teaches us some key lessons:
- Start early with understanding your data—where it goes, how you use it, who else has it. European companies rushed this and paid the price.
- Avoid overwhelming users with constant consent requests. Keep notices simple, clear, and purposeful. India’s SARAL approach is promising but needs careful execution.
- Build awareness! GDPR compliance was hard partly because many teams lacked training. Support startups and MSMEs with accessible resources and simple templates.
- Keep enforcement transparent and consistent. Europe’s fragmented system delayed many decisions, frustrating businesses and users alike.
- Stay cautious about broad government exemptions. Public trust depends on clear oversight and periodic checks.
- Embed privacy as a fundamental design element from the start, not just an afterthought to meet deadlines.
Getting Ready for a Privacy-First Future
Here’s what Indian businesses should do now:
- Map out every piece of personal data: how it’s collected, used, stored, and shared. Don’t ignore your vendors or cloud providers.
- Rethink how you present consent and handle breach notifications, ensuring they meet the new strict timelines and clarity requirements.
- Assign dedicated teams and train them on compliance and engagement with the Data Protection Board.
- Refresh your privacy policies and customer communications to align with these rules and evolving industry standards.
With thoughtful preparation and a willingness to learn from the past, India’s data protection framework can lead the world—not just catch up—fostering a digital economy that’s both innovative and respectful of our most personal information.
