GDPR Compliance for Indian Companies: Unlock the EU Market

For ambitious Indian businesses, the European Union represents a market of immense opportunity. But accessing it requires clearing one critical hurdle: the General Data Protection Regulation (GDPR). Non-compliance isn’t just a legal risk; it’s a commercial barrier that can stop enterprise deals, erode customer trust, and result in fines of up to 4% of global turnover.AMLEGALS is a premier Data Privacy Law Firm in India specializing in demystifying GDPR for Indian businesses. We don’t just provide checklists; we build practical, defensible compliance programs that turn your GDPR obligations into a competitive advantage, demonstrating to your EU clients that you are a trusted, world-class partner.

Is Your Indian Business Subject to GDPR?

GDPR’s reach extends far beyond Europe. Your company must comply if it:

• Offers goods or services to individuals in the EU or UK, even if the service is free.
• Processes personal data on behalf of an EU-based client (acting as a “Data Processor”).
• Monitors the behavior of individuals in the EU/UK (e.g., through website cookies, analytics, or user profiling).
• Has employees or contractors based in the European Union.

This applies directly to India’s fastest-growing sectors, including SaaS, IT/ITES, BPO/KPO, E-commerce, Fintech, and Life Sciences.

Who needs GDPR compliance in India

• Offer goods or services to individuals in the EU/UK (even without payment)
• Monitor behavior of EU/UK users (analytics, cookies, tracking, profiling)
• Process EU/UK HR, customer, or end‑user data as a processor/sub‑processor
• Host, support, or provide SaaS/IT/ITES with EU/UK clients or end‑users
• Receive EU/UK data via group entities or data import arrangements

What we deliver (outcomes and artefacts)

• Governance and records
  • Article 30 Records of Processing Activities (ROPA) for controller/processor
  • Data inventory, data flow maps, data lineage and provenance
  • Lawful basis register, Legitimate Interest Assessments (LIAs)
  • Data retention schedule and defensible deletion playbooks
• Transparency and rights
  • Article 13/14 privacy notices and layered disclosures (web, app, product)
  • Data subject rights workflows (access, deletion, rectification, portability, objection, restriction) with SLAs and evidence logging
• Privacy by design and security
  • Article 25 privacy-by-design controls and DPIA methodology
  • Article 32 security baseline and vendor/IT control mapping
  • Product and feature change reviews; risk treatment plans
• Vendor and processor management
  • Article 28-compliant Data Processing Agreements (DPAs)
  • Sub-processor due diligence and onboarding framework
  • Transfer Impact Assessments (TIAs) per Schrems II
• International data transfers
  • New EU SCCs (2021/914) selection and population; UK IDTA/Addendum
  • EU–US Data Privacy Framework and UK “data bridge” applicability assessment
  • BCR strategy advisory and DPDPA-aligned transfer approaches
• Representatives and DPO
  • EU representative (Art. 27) and UK representative advisory and setup
  • DPO advisory, role design, fractional DPO service
• Cookies and marketing
  • ePrivacy/PECR-aligned cookie consent (CMP configuration) and audit
  • Cookie policy, consent logs, marketing consent and soft opt‑in checks
• Incident response
  • Articles 33/34 breach decisioning, timelines, and regulator/user notices
  • Incident playbook and tabletop exercises with evidence trails
• Training and awareness
  • Role-based GDPR training (leadership, engineering, sales, support, HR)
  • Secure development and privacy engineering briefs for product teams

How our GDPR program works

1. Readiness assessment (2–4 weeks)
   • Scope mapping, data discovery, gap analysis against GDPR/UK GDPR, quick-win controls, prioritized roadmap.
2. Implementation sprint (6–10 weeks)
   • ROPA, notices, DPAs, rights workflows, DPIAs, TIAs, SCCs/IDTA, cookie CMP, retention and security baselines.
3. Transfer compliance package
   • SCCs modules, UK IDTA/Addendum, TIAs (third-country risk, supplementary measures), cross-border data maps and records.
4. Product and vendor governance
   • DPIA/LIA library, change management, vendor due diligence and sub-processor onboarding.
5. Training and assurance
   • Role-based training, playbooks, KPIs, and internal audit checklist; quarterly refresh.
6. Managed privacy program (ongoing)
   • Fractional DPO, DSAR handling support, breach counsel, rep. liaison, policy updates, audit readiness.

Service bundles and engagement options

• GDPR Readiness FastTrack (SMB/scale-up): 6–8 weeks, core artefacts and controls to pass enterprise/vendor due diligence.
• GDPR Implementation and Rep Set-up: End-to-end build with EU/UK representative setup and DPO advisory.
• Managed Privacy Program: Ongoing compliance ops, audits, DSARs, vendor governance, incident response, regulatory engagement.
• Fractional DPO for Indian companies: Part-time DPO advisory with KPIs and board reporting.

Deep compliance areas we cover

• Territorial scope: Article 3 applicability analysis for India-based entities
• Principles and lawful bases: Article 5 principles; Article 6 lawful basis; Article 9 special category data
• Transparency: Articles 12–14 layered notices and just‑in‑time disclosures
• Processor obligations: Article 28 clauses, SCCs Module 2/3, sub‑processor flow-downs
• DPIA triggers and execution: Article 35 criteria, EDPB lists, high‑risk processing
• Children’s data and profiling: age thresholds, consent verification, automated decision‑making
• Security and confidentiality: Article 32 baseline, pseudonymisation, encryption, access governance
• Recordkeeping and accountability: audit trails, policy suite, management attestations
• ePrivacy and PECR: cookie banners, consent modes, marketing communications
• UK GDPR alignment: UK IDTA/Addendum, ICO expectations, PECR nuances

Interplay with India’s DPDPA

We align GDPR programs with India’s Digital Personal Data Protection Act, 2023 (DPDPA) to streamline operations across jurisdictions—consent standards, rights handling, processor obligations, incident response, and cross-border transfer rationalisation. Internal link: Learn more about DPDPA compliance: /data-privacy-protection-law-in-india/Cross-border data transfers for India–EU/UK–US

• Map all transfers and roles, identify third countries, and assess adequacy.
• Implement EU SCCs (2021/914) or BCRs; for UK, use IDTA/Addendum.
• Conduct TIAs per Schrems II; implement technical and organisational supplementary measures.
• Monitor EU–US Data Privacy Framework and UK “data bridge” coverage for eligible transfers. Internal link: See our cross-border advisory: /data-privacy/cross-border-data-transfer-law/

Cookies, analytics and marketing compliance

• CMP configuration to capture, store and respect granular consent (with auto-blocking until consent).
• Cookie policy and cookie categorisation; consent logs and proof.
• Google Analytics, tags and pixels configuration to avoid unlawful tracking.
• Email/SMS marketing consent, soft opt‑in rules, and list hygiene.

Breach response under GDPR

• 72-hour decisioning for Article 33 notifications to DPAs; Article 34 user notices when high risk.
• Evidence logs, forensic coordination, regulator correspondence drafting, and communications alignment. Internal link: 24/7 data breach response: /data-privacy/data-breach-response-services/

Representative and DPO services

• EU/UK representative scoping, provider selection, contracts and notices.
• DPO role definition, risk criteria, independence safeguards, and fractional DPO support.

Deliverables you receive

• ROPA (controller/processor), data maps and transfer registers
• Privacy policies, website/app notices, product disclosures
• DPAs, sub-processor clauses, SCCs pack, UK IDTA/Addendum
• TIA, LIA and DPIA templates and completed assessments
• Cookie audit, CMP configuration, cookie policy, consent logs
• Retention schedule and defensible deletion SOPs
• DSAR playbook and rights response templates
• Incident response playbook, regulator and user notification templates
• Training decks, attendance logs and competency checks
• Governance dashboard with KPIs and audit checklist

Industries we support

SaaS and IT/ITES, BPO/KPO, fintech and payments, e‑commerce and marketplaces, healthcare and life sciences, manufacturing and industrials, media and adtech, mobility and logistics, professional services.Why AMLEGALS

• India-rooted, global execution: We are a Data Privacy Law Firm in India delivering EU/UK-grade outcomes.
• Business-first controls: We design processes that sales, product and engineering can run.
• Defensible documentation: Regulator-ready artefacts and evidence trails.
• End-to-end capability: Advisory, build, training, audits, breach, and ongoing ops.

AMLEGALS across India and globally On-ground capability in Ahmedabad, Mumbai, Pune, Bengaluru, and Kolkata; GDPR engagements across EU Member States and the UK, with cross-border matters spanning the US, APAC and the Middle East.

Frequently Asked Questions (FAQ)

• Q: Can we just use a GDPR template we find online? A: Templates are a risky starting point. GDPR requires that your compliance be tailored to your specific data processing activities. A generic template will not stand up to regulatory scrutiny or client due diligence.
• Q: What is the difference between EU GDPR and UK GDPR? A: Post-Brexit, the UK adopted its own version of GDPR, which is nearly identical but legally separate. Compliance requires addressing both, especially regarding data transfers. We handle both frameworks seamlessly.

• Q: What is a “Transfer Impact Assessment” (TIA) and why is it important? A: A TIA is a mandatory risk assessment to ensure data transferred to a country outside the EU (like India) is protected to a standard equivalent to GDPR. Failing to conduct a proper TIA can invalidate your data transfers.

• Q: Our EU client gave us their DPA to sign. Is that enough? A: Not necessarily. A client’s DPA is written to protect them, not you. As a Data Processor in India, you have your own direct obligations under GDPR. We review and negotiate these agreements to ensure your interests are protected and your liabilities are clear.

Take the First Step Towards Confident Compliance

Don’t let GDPR be a barrier to your growth. Partner with a legal team that can provide clarity, confidence, and a clear path forward.Contact AMLEGALS to discuss your specific GDPR challenges and learn how we can help you achieve and maintain compliance.

Connect at info@amlegals.com or dataprivacy@amlegals.com

Call on Boardline- 91-8448548549