Your go-to hub for Expert Insights,
Publications, and Resources on
data privacy and compliance

In 2018, the European Union’s General Data Protection Regulation (GDPR) set a global benchmark for data privacy. Since then, companies worldwide have been penalized for violations—some losing millions, others losing consumer trust forever.

Now, India’s Digital Personal Data Protection (DPDP) Act, 2023 is following suit.

The key takeaway? Indian businesses don’t need to start from scratch. They can (and should) learn from the GDPR compliance missteps that cost global companies dearly.

The DPDP Act borrows several key principles from GDPR:

• Lawful processing based on consent
• Clear notice to data principals
• Accountability of data fiduciaries
• Data breach reporting obligations
• Cross-border data transfer restrictions

In essence, GDPR has walked so that DPDP can run. But unlike EU firms in 2018, Indian companies today have the advantage of hindsight.

GDPR’s Most Expensive Mistakes – And the Lessons for India

Let’s examine real-life GDPR violations that made headlines—and what Indian organizations should do differently:

1. Meta (Facebook) – €1.2 Billion Fine (2023)

Violation: Continued transferring EU data to the U.S. using inadequate legal mechanisms.

Why it matters for India:
The DPDP Act empowers the central government to restrict cross-border transfers. Businesses must ensure adequate safeguards and documented consent for data leaving India.

What to do:

• Conduct a data flow audit to map out transfers outside India.
• Ensure contracts and DPAs (data processing agreements) comply with DPDP requirements.
• Stay updated on government-issued transfer guidelines.

2. British Airways – €22 Million Fine (2020)

Violation: Cyberattack exploited security vulnerabilities, affecting 400,000+ customers.

Why it matters for India:
The DPDP Act mandates that companies implement reasonable security safeguards. A breach due to negligence can attract penalties up to ₹250 crore.

What to do:

• Adopt cybersecurity frameworks like ISO 27001 or NIST.
• Maintain updated security policies, firewalls, and encryption.
• Run regular penetration tests and incident response drills.

3. H&M – €35.3 Million Fine (2020)

Violation: Collected excessive personal information about employees without proper justification.

Why it matters for India:
DPDP applies not just to customer data but also to employee and vendor data. Unlawful collection or storage can be penalized.

What to do:

• Minimize collection to what’s necessary (data minimization).
• Inform employees clearly of how their data is used.
• Train HR and internal teams on lawful data handling.

4. Google – €50 Million Fine (2019)

Violation: Lack of transparent consent and overly complex privacy policies.

Why it matters for India:
Under DPDP, consent must be free, informed, specific, unambiguous, and revocable.

What to do:

• Use clear, purpose-specific consent forms.
• Avoid pre-ticked checkboxes or forced opt-ins.
• Allow users to easily withdraw consent and delete their data.

Key DPDP Action Areas for Indian Businesses

If GDPR has taught us anything, it’s this: compliance is a journey, not a one-time fix. Here’s where to begin:

 1. Map Your Data

• What personal data do you collect?
• Where is it stored?
• Who has access? This is the foundation of any privacy program.

 2. Redesign Consent Mechanisms

Update forms, emails, pop-ups, and cookies to reflect the DPDP consent requirements. Be clear about what you collect and why.

 3. Review Vendor Contracts

Third-party processors must be held to DPDP standards. You’ll be liable for their negligence.

 4. Set Up Breach Response Protocols

Who will you notify? How quickly? What evidence will you need?
Build a response playbook before a breach happens.

 5. Train Your Teams

Compliance isn’t just a legal issue—it’s operational.
Train your marketing, HR, IT, and product teams on what the DPDP Act means for them.

Conclusion: Don’t Wait for a Fine to Take Privacy Seriously

The GDPR compliance journey was bumpy for many global companies—delayed action led to record-breaking fines and permanent brand damage.

Indian businesses now have the benefit of foresight. The DPDP Act is coming into enforcement soon, and the penalties are not just financial—they're reputational.

Whether you’re a fast-scaling startup, a B2B SaaS player, or an enterprise with vast customer data, compliance is no longer optional. It’s a business imperative.

How We Can Help?

We offer end-to-end DPDP compliance services, including:

• Readiness audits
• Consent management implementation
• Privacy policy revamps
• Employee & vendor training
• Breach response planning

 Let’s get your organization DPDP-ready—before it’s too late.

Contact us for a free consultation at info@dpdpconsulants.com or visit our website DPDP Consultants