Compare GDPR and DPDP to navigate data protection laws in the EU and India. Understand scope, consent, penalties, and key differences.
In today's interconnected world, data protection has become a cornerstone issue for both individuals and organisations. The European Union's General Data Protection Regulation (GDPR) and India's Data Protection, Privacy, and Security Act (DPDP) are two landmark legislations that aim to address this critical concern. GDPR, implemented in 2018, has been a pioneering regulation that has influenced data protection laws globally. On the other hand, DPDP is India's response to the growing need for data regulation in a digital economy. This article aims to dissect and compare these two pivotal regulations to help you understand their nuances.
Scope and Jurisdiction
GDPR
- Scope: Encompasses all EU member states and any organisation worldwide that processes the data of EU citizens.
- Jurisdiction: Governed by the Data Protection Authorities in each EU member state.
DPDP
- Scope: Primarily focused on India but also has extraterritorial applicability, akin to GDPR.
- Jurisdiction: Supervised by the Data Protection Authority of India.
Types of Data Covered
GDPR
- Personal Data
- Sensitive Personal Data
DPDP
- Personal Data
- Sensitive Personal Data
- Critical Personal Data (unique to DPDP)
Consent Mechanism
GDPR
- Requires explicit consent for data processing.
- Allows withdrawal of consent at any time.
DPDP
- Also mandates explicit consent but introduces 'consent managers,' who manage consent on behalf of individuals.
Data Portability
GDPR
- Grants the right to data portability, enabling individuals to transfer their data between service providers.
DPDP
- Similar to GDPR but adds a specific requirement for data fiduciaries to facilitate data portability.
Penalties
GDPR
- Fines can reach up to €20 million or 4% of the annual global turnover, whichever is higher.
DPDP
- Penalties may not be as severe as GDPR but can still be substantial, including imprisonment for egregious violations.
Key Differences
- Data Localisation: DPDP has more stringent data localisation requirements, insisting that certain types of data be stored within India.
- Data Audits: DPDP introduces data audits, which are not explicitly mandated under GDPR.
- Data Protection Officers: Both regulations necessitate the appointment of Data Protection Officers, but the qualifications and responsibilities differ.
Conclusion
GDPR and DPDP, while sharing the overarching aim of data protection, differ in their approach, scope, and penalties. For organisations operating in multiple jurisdictions, understanding these differences is not just beneficial—it's essential to ensure compliance and evade hefty fines.
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