DPIA Landscape: DPDPA Rules Meet GDPR Article 35

As of June 21, 2026, the Digital Personal Data Protection Act (DPDPA), 2023, along with its accompanying Digital Personal Data Protection Rules, 2025, has firmly established India’s robust data protection framework. Among its critical compliance mechanisms, the Data Protection Impact Assessment (DPIA) stands out as a proactive tool for identifying and mitigating risks to personal data. For Indian businesses, understanding the nuances of DPDPA’s DPIA requirements in comparison to global benchmarks like the GDPR’s Article 35 is crucial for effective compliance and risk management.

The Mandate for Impact Assessments

Both the DPDPA and GDPR place a clear obligation on entities processing personal data to conduct impact assessments under specific circumstances. In India, DPDPA Section 10(1) mandates Data Fiduciaries to undertake “reasonable safeguards to prevent a personal data breach,” explicitly including “undertaking a Data Protection Impact Assessment, where required, for certain processing activities.” The specifics of when and how these assessments are to be conducted are detailed in the Digital Personal Data Protection Rules, 2025. These Rules typically prescribe the types of processing that necessitate a DPIA, the methodology to be followed, and the minimum content of such an assessment.

Across the globe, GDPR Article 35(1) similarly requires a DPIA “where a type of processing, in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons.” This general principle is then elaborated upon with concrete examples.

Defining the Triggers and Scope

The DPDPA Rules, 2025, are expected to provide a definitive list or criteria for processing activities that trigger a DPIA requirement. While DPDPA Section 10(1) uses the phrase “certain processing activities,” the Rules likely specify thresholds related to sensitive personal data, large-scale processing, profiling, or the use of novel technologies, aligning with global best practices. India’s existing regulatory landscape, such as the Reserve Bank of India’s (RBI) directives on data localization and security for financial entities, already implied a need for robust risk assessments, and the DPDPA Rules are designed to integrate with or supersede such sector-specific mandates, creating a unified framework.

GDPR Article 35(3) offers more explicit triggers, including systematic and extensive evaluation of personal aspects based on automated processing (e.g., profiling), processing of special categories of data or data relating to criminal convictions on a large scale, and systematic monitoring of a publicly accessible area on a large scale. Furthermore, GDPR Article 35(4) and (5) empower supervisory authorities to establish and publish lists of processing operations that require or do not require a DPIA, offering additional clarity. Compared to GDPR’s explicit triggers, DPDPA’s approach, while comprehensive in its Rules, might be perceived as looser in the primary legislation but potentially stricter or more prescriptive in the detailed Rules, especially for sectors deemed critical by the Indian government.

Content and Consultation Requirements

Both regimes demand a thorough assessment process. GDPR Article 35(7) specifies the minimum content of a DPIA, including a systematic description of the processing operations, an assessment of the necessity and proportionality, an assessment of the risks to the rights and freedoms of data subjects, and the measures envisaged to address those risks, including safeguards and security measures. The DPDPA Rules, 2025, are expected to lay out similar, if not identical, requirements for the content of a DPIA, likely emphasizing the identification of “significant harm” as defined under the DPDPA.

A key difference emerges in the consultation requirements. Under GDPR Article 36, if a DPIA indicates that the processing would result in a high risk in the absence of measures by the controller to mitigate the risk, the controller must consult with the supervisory authority prior to processing. This consultation adds an external layer of oversight. DPDPA Section 10(4) obliges Data Fiduciaries to “take measures to mitigate the risk” identified in the assessment, but it does not explicitly mandate prior consultation with the Data Protection Board of India (DPBI) if a high residual risk remains, unless the Rules specify this. This makes the DPDPA silent on mandatory prior consultation with the regulator compared to GDPR, potentially offering Data Fiduciaries more autonomy but also placing a greater onus on their internal risk mitigation strategies.

Indian Nuances and Global Comparisons

The Indian framework, while drawing inspiration from global standards, introduces its own complexities. The DPDPA’s interaction with existing sector-specific regulations (e.g., IT Rules, 2021, and RBI guidelines) means that businesses in regulated sectors might need to navigate multiple layers of compliance, potentially requiring a more comprehensive or integrated approach to impact assessments than in a purely GDPR-governed environment. This could be seen as stricter due to the cumulative compliance burden.

Conversely, the DPDPA’s lack of an explicit public consultation requirement for DPIAs (unless specified in the Rules) or mandatory prior consultation with the DPBI for high-risk processing could be seen as looser in terms of regulatory oversight compared to GDPR. However, the DPBI retains significant powers to issue directions and impose penalties, ensuring that Data Fiduciaries remain accountable for their assessments and mitigation efforts.

Practical takeaway

For Indian businesses, General Counsels, and Data Protection Officers, the operationalization of DPDPA Rules, 2025, necessitates a proactive and detailed approach to DPIAs. Start by mapping your data processing activities to identify those falling under the DPDPA Rules’ triggers. Leverage existing DPIA frameworks, including GDPR best practices, as a guide for methodology and content, especially if operating internationally. Crucially, integrate DPDPA requirements with any sector-specific guidelines (e.g., RBI’s directives) to ensure a holistic compliance strategy. While DPDPA might not explicitly mandate prior DPBI consultation, maintaining thorough documentation of your DPIAs and risk mitigation measures is paramount, as the DPBI can always request these and scrutinize their adequacy. Embrace DPIAs not just as a compliance checkbox, but as a fundamental tool for responsible data governance.