DPDP Act VS DPDP vs LGPD: Compliance Guide
India and Brazil are BRICS nations with comprehensive data protection laws. Get expert help today.
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What This Means In Practice
Use this table to brief your legal, product and marketing teams.
| Question | DPDP Direction | DPDP vs LGPD: Compliance Guide Direction | Practical Impact |
|---|---|---|---|
| Can we process by default? | Often consent-first | Often depends on a different legal model | India flows may need earlier consent design. |
| Is a global privacy model enough? | No | Not always | Global privacy work does not map one-to-one to DPDP. |
| Are children protected differently? | Under 18 | Check local age thresholds | Indian child-user products need stricter review. |
| Is breach risk enough to trigger work? | Yes | Yes | Security, response and evidence matter in both systems. |
Three Questions To Ask Internally
- Are we copying a non-India privacy model into an Indian product?
- Do our consent flows work for Indian users?
- Which global privacy controls can be reused, and which must be redesigned for DPDP?
If you operate across India and another market, do not assume one privacy program covers both. Use the stricter flow where user trust and evidence matter most.
DPDP vs LGPD: Two Emerging Market Approaches
India’s DPDP Act 2023 and Brazil’s Lei Geral de Proteção de Dados (LGPD, 2020) represent how the world’s large emerging economies are tackling data protection. Both were inspired by GDPR but adapted for their national contexts.
Comparison Table
| Feature | DPDP Act 2023 (India) | LGPD (Brazil) |
|---|---|---|
| Legal bases | Consent + legitimate use | 10 legal bases including legitimate interest |
| Scope | Digital personal data only | All personal data (digital + physical) |
| Sensitive data | No separate category | Defined categories (health, race, religion, etc.) |
| DPO requirement | SDFs only | Required for all controllers |
| Max penalty | â‚ą250 Crore (~$30M) | 2% of revenue, capped at R$50M (~$10M) per violation |
| Children’s age | Under 18 | Under 12 (with specific consent requirements) |
| Enforcement | Data Protection Board | ANPD (National Data Protection Authority) |
| Data portability | Not explicit | Explicit right included |
| International transfer | Blacklist model | Adequacy decisions, standard clauses, or specific consent |
What Businesses Can Learn
Brazil’s LGPD enforcement experience since 2020 offers lessons for Indian companies preparing for DPDP. Brazil’s ANPD has issued practical guidance on consent, security incidents, and small business exemptions that mirror issues DPDP will likely address through rules and DPB decisions.
Confused by the differences?
Dual compliance is tricky. Our experts can help you navigate both DPDP vs LGPD: Compliance Guide and DPDP requirements.
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