GDPR Compliance for Indian Companies — What You Must Know
The General Data Protection Regulation does not care where your office is. Article 3(2) applies GDPR to any organisation — anywhere in the world — that offers goods or services to individuals in the EU or monitors their behaviour. If your Indian company develops software for EU clients, processes EU employee payroll, runs a SaaS product used by EU subscribers, provides BPO services involving EU customer data, or operates an e-commerce platform that ships to Europe — GDPR applies to you.
Non-compliance carries fines up to €20 million or 4% of global annual turnover, whichever is higher. India has not received an adequacy decision from the European Commission, which means every data transfer from the EU to India requires specific safeguards — typically Standard Contractual Clauses.
PrivacyOS helps Indian companies manage GDPR compliance alongside DPDPA compliance from a single platform — jurisdiction-specific consent flows, data subject rights workflows, cross-border transfer documentation, and unified compliance reporting.
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Does GDPR Apply to Indian Companies?
GDPR applies to your Indian company if you do any of the following:
Offer products or services (paid or free) to individuals in the EU
Monitor the behaviour of individuals in the EU (website analytics, tracking, profiling)
Process personal data of EU residents on behalf of an EU client (as a Data Processor)
Have EU-based employees, contractors, or partners whose data you process
Operate websites or apps that are accessible in the EU and collect personal data
Many Indian IT companies, SaaS platforms, BPO providers, and e-commerce businesses fall within GDPR scope without realising it. The key test is not where your company is located — it is whose data you process and whether your activities target the EU market.
If GDPR applies and you have no EU establishment, Article 27 requires you to appoint an EU-based representative as a contact point for supervisory authorities and data subjects.
Key GDPR Obligations for Indian Businesses
Essential pillars every Indian enterprise must operationalise to achieve defensible EU data protection compliance.
Lawful Basis for Processing
GDPR provides six lawful bases: consent, contract, legal obligation, vital interests, public task, and legitimate interests. Unlike DPDPA (which relies primarily on consent), GDPR allows processing under legitimate interests — but this requires a documented balancing test weighing your interests against the data subject's rights.
Most Indian B2C companies use consent or contract. B2B companies often rely on contract or legitimate interests. The choice of lawful basis affects which data subject rights apply.
PrivacyOS consent management supports GDPR-specific consent flows — including granular opt-in, unambiguous affirmative action, and documented withdrawal mechanisms — alongside DPDPA consent requirements.
Data Subject Rights
GDPR grants eight rights — broader than DPDPA's four:
| Right | GDPR | DPDPA |
|---|---|---|
| Access | Yes (Art. 15) | Yes (Section 11) |
| Rectification | Yes (Art. 16) | Yes (Section 12) |
| Erasure (Right to be Forgotten) | Yes (Art. 17) | Yes (Section 12) |
| Restriction of Processing | Yes (Art. 18) | No |
| Data Portability | Yes (Art. 20) | No |
| Objection | Yes (Art. 21) | No |
| Automated Decision-Making | Yes (Art. 22) | Limited (SDF only) |
| Grievance Redressal | No specific right | Yes (Section 13) |
PrivacyOS DSR automation handles both GDPR and DPDPA rights requests from a single portal — routing requests based on the data subject's jurisdiction and applying the correct rights framework.
Data Protection Officer
GDPR requires a DPO when your core activities involve large-scale regular and systematic monitoring of individuals, or large-scale processing of special category data. Many Indian BPOs, health-tech companies, and HR software vendors trigger this requirement.
PrivacyOS DPO-as-a-Service provides certified privacy professionals who can act as your GDPR DPO alongside DPDPA DPO responsibilities.
Cross-Border Data Transfers and SCCs
Every data transfer from the EU to India requires a lawful transfer mechanism. India does not have an EU adequacy decision. The most common mechanism is Standard Contractual Clauses (SCCs) — pre-approved contractual templates adopted in June 2021 with four modules:
- Controller-to-Controller
- Controller-to-Processor
- Processor-to-Processor
- Processor-to-Controller
SCCs must be supplemented with a Transfer Impact Assessment (TIA) evaluating the legal framework in India and any additional safeguards needed. PrivacyOS helps document transfer mechanisms, maintain SCC records, and conduct TIAs as part of your vendor risk management programme.
Breach Notification
GDPR requires notification to the supervisory authority within 72 hours of becoming aware of a personal data breach — unless the breach is unlikely to result in a risk to data subjects' rights. Data subjects must be notified "without undue delay" when the breach is likely to result in a high risk.
For Indian companies subject to both GDPR and DPDPA, a single breach can trigger GDPR 72-hour notification to the EU supervisory authority, DPDPA 72-hour notification to the Indian Data Protection Board, and CERT-In 6-hour notification. PrivacyOS breach response manages all three clocks simultaneously.
Records of Processing Activities (RoPA)
Article 30 requires controllers and processors to maintain detailed records of processing activities. PrivacyOS generates RoPA automatically from data discovery scan results — covering both GDPR and DPDPA requirements in a unified document.
Data Protection Impact Assessments
Article 35 requires DPIAs before processing that is "likely to result in a high risk" — including systematic profiling, large-scale processing of special category data, and systematic monitoring. Indian health-tech, fintech, and ad-tech companies processing EU data commonly trigger this requirement. PrivacyOS DPIA module supports both GDPR and DPDPA assessment frameworks.
GDPR vs DPDPA — Key Differences
Comparative analysis of European vs Indian privacy statutory mandates.
| Area | GDPR | DPDPA |
|---|---|---|
| Lawful basis | 6 bases including legitimate interest | Consent primary; no legitimate interest |
| Data categories | Special categories with stricter rules | No separate sensitive data category |
| Data subject rights | 8 rights including portability and objection | 4 rights (access, correction/erasure, grievance, nomination) |
| Cross-border transfers | Adequacy, SCCs, BCRs required | Permitted unless government restricts |
| Breach notification | 72 hours to supervisory authority | 72 hours to DPB + CERT-In 6 hours |
| DPO requirement | Large-scale processing / special data | SDFs only |
| Penalties | €20M or 4% global turnover | ₹250 crore per violation |
| Scope | EU residents globally | Individuals in India |
| Consent Manager | No equivalent | Regulated entity, registered with Board |
For a detailed comparison, read our blog: DPDPA vs GDPR — Complete Comparison
How PrivacyOS Manages Dual GDPR and DPDPA Compliance
Most Indian companies processing both Indian and EU personal data need to comply with both laws simultaneously. Running two separate compliance programmes is wasteful and error-prone. PrivacyOS provides a unified programme:
Geo-aware consent flows
GDPR-compliant consent for EU visitors, DPDPA-compliant consent for Indian users, served automatically based on location.
Jurisdiction-aware DSR automation
GDPR rights (including portability and objection) for EU data subjects, DPDPA rights for Indian Data Principals, from one portal.
Unified data discovery
One inventory covering both EU and Indian personal data, with classification by jurisdiction.
Multi-framework DPIAs
Assessments covering both GDPR Article 35 and DPDPA Section 10 requirements.
Combined breach response
Triple-clock management for GDPR (72h), DPDPA (72h), and CERT-In (6h).
Cross-border transfer documentation
SCC tracking, TIA records, and transfer flow mapping through vendor risk management.
Single compliance dashboard
Compliance posture across both frameworks in one view.
Frequently Asked Questions
Clear answers to the most common questions on GDPR compliance for Indian organisations.
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Dual GDPR + DPDPA Compliance Platform
Unify European and Indian privacy governance with automated SCC management, multi-lingual consent, and 72-hour breach response orchestration.
