A Comparative Analysis of DPDP Act, GDPR, and CCPA: Understanding Global Data Privacy Regulations

This blog compares three major data privacy laws: India’s DPDP Act, the EU’s GDPR, and California’s CCPA. It covers their key provisions, scope, and penalties, helping businesses understand compliance requirements across regions. With real-world examples and insights, the blog highlights the challenges of managing global data privacy and offers guidance for staying compliant in an evolving digital landscape.

Data Privacy

Written by

Nivya Ajit

Published on

October 15, 2024

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Introduction

In today’s world, data is often referred to as "the new oil." This analogy speaks to how valuable personal information has become in the digital economy. With the rise of data breaches like the infamous Facebook-Cambridge Analytica scandal and more recently, the MOVEit cyber attack in 2023, people are rightly concerned about how their personal information is being collected and used. This has led governments across the globe to step up with stringent data protection regulations. Among these, three major laws stand out: India’s Digital Personal Data Protection Act (DPDP Act), Europe’s General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA).

Let's dive into these laws and understand how they differ, what they have in common, and what businesses need to keep in mind as they navigate the complex landscape of data privacy.

Overview of DPDP Act, GDPR, and CCPA

DPDP Act (India)

India is one of the fastest-growing digital economies in the world, and with that growth comes an increased focus on data protection. In 2023, India passed the Digital Personal Data Protection Act (DPDP Act) to regulate how personal data is collected, stored, and used in the digital realm. This law represents a major step toward aligning India’s data protection practices with global standards, while still allowing flexibility for national priorities, like government access for law enforcement.

Nyusta’s Insight: India is expected to release specific rules soon, particularly around cross-border data transfers. This will be crucial for tech giants and global businesses that rely on India's huge market and IT talent.

Let Nyusta help you stay compliant while leveraging India’s digital growth...
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GDPR (EU)

If you’ve ever dealt with data privacy issues, you’ve likely heard of the General Data Protection Regulation (GDPR), which came into force in 2018. It was a game-changer for data protection not just in Europe but globally. With GDPR, the EU set the bar for strict data protection rules, and it applies to any business that processes the personal data of EU residents—no matter where the company is based. The GDPR’s focus on user rights, such as the right to be forgotten, has transformed how companies manage data.

Nyusta’s Insight: As of 2024, GDPR is expanding its focus to include AI-driven technologies, which process huge amounts of personal data. Businesses need to be extra cautious when using AI, ensuring they comply with GDPR’s stringent consent and data processing regulations.

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CCPA (California, USA)

The California Consumer Privacy Act (CCPA), passed in 2020, takes a slightly different approach compared to GDPR, focusing on transparency and consumer control. Under CCPA, California residents have the right to know what personal data is being collected about them, request deletion of their data, and opt out of having their data sold. While the CCPA is regional, it has significant global implications, especially for companies doing business with California residents.

Nyusta’s Insight: As of 2024, the California Privacy Rights Act (CPRA) has further expanded CCPA, introducing stricter rules, particularly around sensitive data and how companies handle consumer requests.

Let Nyusta simplify your CCPA and CPRA compliance with expert-driven solutions...
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Key Principles and Objectives

While these laws have different regional focuses, their core objective is the same: to protect the privacy rights of individuals and ensure that businesses handle personal data responsibly. Each regulation has its own take on how to achieve that:

DPDP Act: India’s DPDP Act is designed to ensure accountability when handling personal data, with a strong focus on consent and the rights of individuals. However, it does allow exceptions for national security and law enforcement.
GDPR: The EU’s GDPR is more comprehensive, providing individuals with a wide range of rights over their personal data, such as the right to access, correct, and delete their information. Consent is central to GDPR’s framework.
CCPA: The CCPA aims to give Californians control over their data, focusing on transparency. It allows consumers to opt out of the sale of their data, something unique to the U.S. law.

Nyusta’s Insight: The legal landscape in 2024 is increasingly shaped by the rise of real-time tracking technologies and AI, which are pushing lawmakers to update these frameworks to better address the challenges of today’s digital world.

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Scope and Applicability

One of the key differences between these regulations is who they apply to. Understanding this can help businesses assess which rules they need to comply with:

DPDP Act: This law applies to businesses that handle personal data in India, as well as those processing data from Indian citizens. It’s especially relevant for global tech firms with large user bases in India.
GDPR: Perhaps the most far-reaching of the three, GDPR applies to any organization that processes the personal data of EU residents, even if the company is not based in Europe. This makes it highly relevant to multinational businesses.
CCPA: The CCPA applies to companies that do business in California and meet certain thresholds, such as earning over $25 million in revenue or processing data on more than 50,000 consumers. Despite its regional nature, the CCPA’s reach extends globally for businesses handling Californian data.

Nyusta’s Insight: Indian companies handling EU residents’ data are increasingly facing GDPR compliance challenges. Meanwhile, U.S. companies are preparing for potential federal privacy legislation that could unify state-level laws like CCPA.

Let Nyusta ensure your global compliance with tailored solutions across multiple regions...
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Key Provisions and Rights

Here’s a quick comparison of the key provisions and rights under DPDP Act, GDPR, and CCPA:

Aspect	DPDP Act (India)	GDPR (EU)	CCPA (USA - California)
Jurisdiction	India	European Union + EEA (and global applicability)	California, USA (global implications for businesses)
Personal Data Definition	Broad definition of personal data, excluding non-digital data	Comprehensive, covering all personal and sensitive data	Focus on consumer personal data, specific categories
Data Subject Rights	Access, Correction, Portability, Erasure	Access, Rectification, Erasure, Restriction, Portability, Objection	Right to Know, Delete, Opt-out of Sale, Non-discrimination
Consent Requirements	Explicit consent with limited exceptions	Explicit, informed consent required	Opt-out basis; explicit consent for minors (<16 years)
Penalties for Non-Compliance	Up to ₹250 crore (approx. €28 million) for serious breaches	Up to €20 million or 4% of global turnover (whichever is higher)	Up to $7,500 per intentional violation, $2,500 for unintentional
Data Breach Notification	To be defined in future rules; prompt notification	Within 72 hours of becoming aware of a breach	Notification required without unreasonable delay
Data Transfers	Provisions on international transfers, rules pending	Transfers allowed only with adequate safeguards (e.g., standard contractual clauses)	No specific provisions, but restrictions exist on sale of personal data
Sensitive Personal Data	Financial data, health data, biometrics, etc.	Special category data: race, religion, health, etc.	No strict definition of sensitive data, but protections exist
Enforcement Authority	Data Protection Board of India (yet to be fully operational)	Data Protection Authorities (DPAs) in each member state	California Attorney General, California Privacy Protection Agency (CPPA)
Applicability Threshold	Applicable to entities processing large amounts of personal data, specifics in future rules	Applies to all entities processing personal data of EU residents	Applies to businesses with gross annual revenue > $25 million or handling > 50,000 consumers’ data

Nyusta’s Insight: Regulators are paying closer attention to AI and sensitive data processing in 2024, with companies facing greater scrutiny and higher fines for breaches.

Let Nyusta ensure your AI systems are privacy-compliant, secure, and future-ready...
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Penalties and Enforcement

The penalties for violating these laws can be severe:

DPDP Act: Companies that fail to comply with the DPDP Act can face fines up to ₹250 crore (about €28 million), especially for serious breaches.
GDPR: GDPR is known for its heavy penalties. For example, in 2023, Meta (Facebook) was fined a record €1.2 billion for transferring data of EU users to the U.S. without adequate protection.
CCPA: Non-compliance with CCPA can result in fines of up to $7,500 for intentional violations. The introduction of CPRA has further tightened enforcement, especially for businesses handling sensitive data.

Nyusta’s Insight: Cases like TikTok's €345 million fine in 2023 highlight growing concerns over minors’ data protection under GDPR, with other regions like California and India expected to follow suit.

Let Nyusta protect your business from costly fines with our proactive data privacy solutions...
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Real-World Examples

Data breaches continue to serve as cautionary tales for businesses globally:

GDPR: Large companies like Marriott and British Airways have been slapped with millions in fines for failing to protect customer data, setting a precedent for global companies.
CCPA: Sephora recently faced penalties under CCPA for improper handling and sale of customer data, prompting businesses to rethink their data collection practices.
DPDP Act: Although the DPDP Act is new, major Indian companies like Reliance Jio are already taking steps to align their practices with the new regulations, anticipating strict enforcement.

Nyusta’s Insight: The MOVEit breach in 2023, which impacted millions globally, has shown how tricky it can be for businesses to comply with multiple privacy laws simultaneously.

Let Nyusta simplify multi-jurisdictional compliance with our expert data privacy services...
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Challenges and Future Outlook

Data privacy laws are evolving rapidly to keep up with emerging technologies, such as AI-driven decision-making, which involves massive data processing. Companies need to stay agile, anticipating changes and adopting best practices to ensure compliance across regions.

Nyusta’s Insight: In 2024, privacy regulators are discussing harmonization of regulations, which could make it easier for multinational companies to comply across different regions.

Let Nyusta drive your success with a unified, global approach to data privacy compliance...
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Conclusion

As data protection regulations like the DPDP Act, GDPR, and CCPA continue to evolve, businesses need to be proactive in their compliance efforts. Whether you’re operating in India, the EU, or the U.S., strong data protection practices are no longer optional—they’re essential. Companies that build trust by respecting privacy will thrive in this new era of heightened data awareness.

Nyusta’s Insight: Businesses in 2024 are increasingly embedding privacy into the core of their operations, adopting a "privacy by design" approach to meet both regulatory and customer expectations.

Let Nyusta help you build privacy-first, compliant solutions that foster trust...
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