Table of contents
- II. Anonymised Data
- III. Indian Data Protection Regulations for Children’s Data
- IV. Voluntary Undertaking for Non-Compliance Actions
- V. Introduction of Consent Managers
- VI. Transfer of Personal Data Across Borders
- VII. Categorization of Personal Data
- VIII. Requirement of Consent Notice
- IX. During a Data Breach
- X. Grievances
In today’s globalized data landscape, understanding the nuances of data protection regulations is crucial. This article explores the Differences Between GDPR and DPDP, shedding light on key aspects that shape data privacy in India.
II. Anonymised Data
GDPR’s Approach
The General Data Protection Regulation (GDPR) excludes anonymized data from its scope, allowing for altered information that prevents identification.
DPDP’s Distinction
In contrast, the Digital Personal Data Protection (DPDP) Act applies only if data is anonymized to the extent that identifying individuals becomes impossible, imposing a potentially stricter requirement.
III. Indian Data Protection Regulations for Children’s Data
GDPR vs DPDP
Unlike GDPR, DPDP expressly prohibits data processing likely to harm a child’s well-being, emphasizing verifiable parental consent. DPDP takes a more explicit approach to safeguarding children’s data compared to GDPR.
IV. Voluntary Undertaking for Non-Compliance Actions
Legal Alternatives
DPDP allows the Data Protection Board to accept voluntary undertakings, creating legal barriers to specific non-compliance actions. This aligns with the government’s aim to decriminalize offenses and encourage compliance.
V. Introduction of Consent Managers
DPDP’s Innovation
The DPDP Act introduces the concept of ‘consent managers’ to enhance transparency. These entities, registered with the Data Protection Board, act as a single point of contact for individuals managing their consent preferences.
VI. Transfer of Personal Data Across Borders
Cross-Border Dynamics
While DPDP allows the Central Government to restrict cross-border transfers, GDPR adopts a more detailed approach. GDPR permits free transfers to countries with adequacy decisions and conditional transfers with precautions.
VII. Categorization of Personal Data
Compliance Standards
GDPR categorizes personal data into subsets, each with specific compliance requirements. In contrast, DPDP applies uniform standards to all personal data, regardless of specific categories.
VIII. Requirement of Consent Notice
Notice Specifics
Under DPDP, notice is required only when consent is the basis for data processing. GDPR mandates broader notice whenever data is collected, covering extensive details beyond the scope of DPDP.
IX. During a Data Breach
Notification Obligations
DPDP mandates immediate notification of data breaches to the Data Protection Board and affected individuals. GDPR requires notification only when a high risk to data subjects’ rights and freedoms exists.
X. Grievances
Addressing Grievances
DPDP requires data subjects to address grievances with the data controller before filing a complaint, unlike GDPR, which allows direct access to legal remedies and regulatory intervention.
While GDPR excludes anonymized data from its scope, DPDP applies only if data is anonymized to the extent that identifying individuals becomes impossible, potentially imposing a stricter requirement.
Unlike GDPR, DPDP expressly prohibits data processing likely to harm a child’s well-being and mandates verifiable parental consent, taking a more explicit and strict approach.
Voluntary undertakings allow entities to commit to specific actions, refraining from certain actions, or publicizing commitments. Once accepted, they serve as a legal barrier against non-compliance actions.
Consent managers, registered with the Data Protection Board, act as a single point of contact for individuals managing their consent preferences, enhancing transparency and control.
DPDP allows the Central Government to restrict cross-border transfers, while GDPR adopts a more detailed approach, permitting free transfers to countries with adequacy decisions.
DPDP applies uniform compliance standards to all personal data, irrespective of specific categories, contrasting with GDPR’s subset categorization.
DPDP requires notice when consent is the basis for data processing, whereas GDPR mandates broader notice whenever data is collected, covering extensive details.
DPDP mandates immediate notification of data breaches without assessing risk, while GDPR requires notification when there is a high risk to data subjects’ rights and freedoms.
DPDP requires data subjects to address grievances with the data controller before filing a complaint, unlike GDPR, which allows direct access to legal remedies and regulatory intervention.
