India’s digital economy is growing faster than ever—and so is the amount of personal data being collected every second. From mobile apps and banking platforms to e-commerce and healthcare, organizations are gathering information that must be handled responsibly and securely.

 

To address this, India introduced the Digital Personal Data Protection (DPDP) Act, 2023—a landmark law that lays down how personal data should be collected, stored, and shared. For Indian businesses, especially those dealing with global clients or operating internationally, this law is often compared to the General Data Protection Regulation (GDPR), Europe’s gold standard for data privacy.

 

But how do these two laws actually compare? And what should CISOs (Chief Information Security Officers) and auditors in India know to stay compliant?

 

1. The Big Picture: Similar Goals, Different Approaches

Both the DPDP Act and the GDPR are built on the same fundamental idea: to protect personal data and give individuals control over how their information is used.

However, GDPR is broader in scope and has been around since 2018, setting a high benchmark for privacy regulations globally. The DPDP Act, on the other hand, is newer and focused primarily on digital personal data—with some differences in definitions, responsibilities, and penalties.

 

2. Who Does It Apply To?

• GDPR applies to all companies processing data of EU citizens, regardless of where the company is located.

• DPDP applies to any Indian or foreign entity processing the digital personal data of individuals in India, if that processing is for offering goods or services.

For Indian CISOs and auditors, this means they must be careful if their organization deals with both Indian and EU customers—they may need to follow both laws simultaneously.

 

3. Consent Matters—But the Rules Differ

Both laws require clear and informed consent from users before collecting their data. But GDPR’s consent model is more detailed—it must be freely given, specific, informed, and unambiguous. Users must also have the right to withdraw consent at any time.

The DPDP Act also emphasizes consent but introduces the concept of a “consent manager”—a third-party platform that helps individuals manage their permissions across services.

CISOs and compliance teams must build user-friendly interfaces that explain why data is being collected and make it easy to say “no” or withdraw consent later.

 

4. User Rights and Responsibilities

Under GDPR, users (called “data subjects”) have several rights:

a. Right to access their data
b. Right to correct or delete data
c. Right to restrict or object to processing
d. Right to data portability

 

The DPDP Act also gives individuals similar rights, such as:

a. Right to know what data is collected
b. Right to correct, delete, or update data
c. Right to grievance redressal

For auditors, this means checking whether systems and processes actually allow users to exercise these rights, not just mention them in policy documents.

 

5. Penalties and Enforcement

a. GDPR fines can go up to €20 million or 4% of global turnover, whichever is higher.
b. DPDP penalties can reach up to ₹250 crore for a single violation.

Both laws mean business. Indian auditors and CISOs must conduct regular risk assessments, train employees, and document compliance efforts to avoid steep fines.

 

6. Data Protection Officers (DPOs)

Under GDPR, many companies are required to appoint a DPO. The DPDP Act doesn’t make this mandatory for all yet, but for larger firms or those processing sensitive data, appointing a DPO or similar role is strongly advisable.

 

Navigating DPDP and GDPR: A Compliance Guide for Indian CISOs and Auditors

 

While the GDPR and DPDP Act have many similarities, they’re not identical. Indian CISOs and auditors need to understand both frameworks to ensure compliance—especially if their organization has a global footprint.

The best way forward? Build strong data governance practices, stay updated on regulatory changes, and work closely with legal, tech, and audit teams to create a culture of privacy by design.

As India takes its place on the global digital map, data protection is no longer optional—it’s strategic.

 

As data protection laws evolve both globally and locally, the role of governance and security leaders in India becomes more crucial than ever. Whether you're aligning with GDPR or implementing India’s DPDP Act, staying compliant demands clarity, collaboration, and continuous learning. ISACA Mumbai Chapter continues to support professionals across industries with insights, certification programs, and community engagement to help navigate these regulatory challenges. As we move into a future driven by digital trust, frameworks like those championed by ISACA will be key in building secure, responsible, and resilient organizations.