LIJDLR

DATA PROTECTION IN CYBERSPACE: A COMPARATIVE LEGAL STUDY OF INDIA’S DPDP ACT, 2023 AND THE DPDP RULES, 2025 WITH THE EU GDPR

Aaditya Gautam Balaji, LL.M. (Cyber Law and Cyber Security) student at SRM School of Law, SRMIST (India)

The rapid expansion of digital technologies has intensified concerns surrounding the collection, processing and cross-border movement of personal data, prompting jurisdictions to adopt comprehensive data protection frameworks. This paper undertakes a comparative cyber law analysis of India’s Digital Personal Data Protection regime, as operationalised through the DPDP Act, 2023 and DPDP Rules, 2025, with the European Union’s General Data Protection Regulation (GDPR). Using a doctrinal and comparative methodology, the study examines key dimensions of both regimes, including definitions and scope, lawful bases and consent architecture, rights of individuals, obligations of data fiduciaries/controllers, enforcement mechanisms, and cross-border data transfer frameworks. The analysis reveals that while the DPDP framework incorporates several globally recognised data protection principles, it reflects a distinct regulatory philosophy shaped by administrative efficiency, developmental priorities and regulatory flexibility. In contrast, the GDPR adopts a more rights-centric and institutionally robust model with detailed procedural safeguards and a decentralised supervisory structure. The paper argues that these structural and doctrinal differences have significant implications for individual rights protection, regulatory interoperability and compliance practices in an increasingly global digital economy. It concludes by offering targeted recommendations aimed at strengthening India’s data protection framework while maintaining contextual relevance and facilitating greater alignment with international standards.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 4, Page 1591–1613.
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