The General Data Protection Regulation (GDPR), instituted nearly five years ago by the European Union, has established a significant standard for personal data protection. In August 2023, India also introduced the eagerly awaited Digital Personal Data Protection Act (DPDPA) after the bill was successfully passed, which was a significant milestone in data protection legislation. The primary objective of the DPDPA is to implement strong legal frameworks for data protection and privacy. Since the enactment of this legislation, numerous organisations have been diligently undertaking measures to ensure compliance. Here is an insightful comparison between the two regulations, highlighting the nuances and assessing how the DPDPA aligns with or diverges from the GDPR.
Similarities Between India’s Data Protection Law and EU’s GDPR
As aforementioned, GDPR is seen as the golden standard for data protection laws. So, it is quite natural that DPDPA takes a few leaves from their book. Let’s take a look at a few similarities between them.
Processing of Personal Data Allowed Under Certain Circumstances
Both the DPDPA and the GDPR allow for the processing of personal data without explicit consent in specific situations. Under the DPDP, “legitimate uses” include employment-related processing, responding to medical emergencies, fulfilling legal obligations, and providing services to the data principal. In the same way, the GDPR permits data controllers to process personal data without consent in cases such as legal compliance, protection of vital interests, and other legitimate interests. Both regulations impose conditions and protection clauses to ensure responsible and proper data processing.
Significant Data Fiduciary
Under the Digital Personal Data Protection Act (DPDP), significant data fiduciaries are determined by factors like data volume and sensitivity. Similar to the GDPR, the DPDP imposes additional obligations on these entities, such as appointing Data Protection Officers (DPOs). This aligns with the GDPR’s requirement for DPOs in cases involving large-scale data processing or sensitive data. Both regulations emphasise the importance of designated individuals to ensure compliance, accountability, and transparency in handling substantial or sensitive data.
The Role of Consent
Consent is a foundational principle in both the Digital Personal Data Protection Act and the General Data Protection Regulation. Both require consent to be free, specific, and informed, with a legitimate purpose for data processing. Also, DPDP introduces an obligation for consent requests to be provided in multiple languages, promoting accessibility and transparency. This goes beyond GDPR requirements, demonstrating a commitment to inclusivity in the Indian data protection regulations.
Explore further insights into the role of consent in our comprehensive guide on DPDP Consent Mechanism.
In conclusion, while there are notable similarities between the DPDPA and GDPR, each regulation also exhibits distinct characteristics shaped by the unique legal, cultural, and societal contexts in which they operate. Understanding these nuances is crucial for organisations seeking to navigate the complex landscape of global data protection regulations effectively.
