RIGHTS-FIRST VS. ECONOMY-FIRST: A COMPARATIVE ANALYSIS OF THE GDPR AND INDIA’S DPDP ACT

AUTHOR – NIHARIKA JAISWAL* & DR. KAVYA CHANDEL**

*  LLM (CYBER LAW AND CYBER SECURITY), AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

** AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

BEST CITATION – NIHARIKA JAISWAL & DR. KAVYA CHANDEL, RIGHTS-FIRST VS. ECONOMY-FIRST: A COMPARATIVE ANALYSIS OF THE GDPR AND INDIA’S DPDP ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 641-646, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The global architecture of data privacy governance stands at a turning point. For nearly a decade, it has been shaped by the “Brussels Effect” of the European Union’s GDPR. However, India’s Digital Personal Data Protection Act, 2023 (DPDP Act) introduces a distinct, development-oriented paradigm that prioritizes economic growth and digital innovation over a strict rights-based framework. This paper comparatively analyses these two models, arguing that while the GDPR operates as a robust “shield” safeguarding individual dignity and autonomy, the DPDP Act functions as a flexible “umbrella” framework designed to facilitate ease of business and technological expansion.

The study highlights key structural divergences. Unlike the GDPR’s technology-neutral scope, the DPDP Act applies only to digital personal data, excluding physical records. It also reflects a dilution of certain core data subject rights, such as data portability, the right to object to processing, and safeguards against automated decision-making. Furthermore, while the GDPR imposes turnover-based penalties, India adopts fixed penalty caps, offering regulatory predictability. Ultimately, India’s economy-first approach promotes growth but raises concerns about long-term citizen protection.

Keywords: GDPR, DPDP Act, Data Privacy, Digital Economy, Cross-Border Data Flows, Brussels Effect, Privacy Rights.