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A Comparative Legal and Regulatory Analysis of India's Digital Personal Data Protection Act (2023) and the EU GDPR: Implications for FinTech Governance and Audit Automation

Authors: Gaurav; Ayarekar, Dr. Sachin; Kadam, Dr. Suresh;

A Comparative Legal and Regulatory Analysis of India's Digital Personal Data Protection Act (2023) and the EU GDPR: Implications for FinTech Governance and Audit Automation

Abstract

India’s Digital Personal Data Protection Act (DPDP Act, 2023) represents a pivotal shift from fragmented, sectoral guidance toward a unified framework for personal data governance. For India’s rapidly growing FinTech sector, which operates on high-velocity, data-intensive digital infrastructures, the DPDP Act reshapes compliance expectations around consent, purpose limitation, security safeguards, and accountability. At the same time, the European Union’s General Data Protection Regulation (GDPR) remains the global benchmark for comprehensive data protection, with extraterritorial reach and mature enforcement practice. This paper conducts a clause-level comparative legal and regulatory analysis of the DPDP Act and the GDPR, with a specific focus on implications for FinTech governance. Using a mixedmethod approach that combines doctrinal legal interpretation and comparative clause mapping, the study constructs a structured matrix across key domains such as lawful basis, consent, data subject rights, breach notification, cross-border transfers, children’s data, and audit obligations. The analysis identifies areas of convergence—particularly around core principles of notice, consent, and storage limitation—as well as critical divergences related to data subject rights, adequacy-based cross-border transfers, and the depth of accountability obligations. Building on these findings, the paper proposes an AI-enabled Reg Tech audit framework to automate mapping between DPDP and GDPR requirements, classify clauses by risk category, and generate real-time compliance insights for FinTech entities. The study argues that a hybrid compliance model combining human legal expertise with AI-based clause analytics can reduce manual audit effort, enhance regulatory alignment, and strengthen digital trust in India’s FinTech ecosystem.

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Keywords

DPDP Act 2023, GDPR, Data Protection Law, FinTech Governance, RegTech, Data Privacy, Compliance Automation, Comparative Legal Analysis, Audit Automation

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
hybrid