Privacy Regulations Indian Businesses Must Know When Expanding to Europe

1. The General Data Protection Regulation (GDPR)

The GDPR covers how businesses collect, store, and handle personal data in Europe. It doesn’t matter where your company is based. If you’re handling data of any European resident, the GDPR applies to you.

What it Means for Indian Companies

You can’t collect data without a solid reason. Whether you’re taking customer info for marketing, tracking website visits, or storing emails, you need a lawful basis. This could be clear consent, a contract, or a legal obligation.

Users have the right to know how their data is being used. You must be upfront about this. No sneaky fine print or vague policies.

People can ask you to delete their data. If a customer in France or Italy wants their info wiped from your system, you will have to comply with it.

You need to protect the data from day one. Privacy can’t be an afterthought—it has to be baked into your systems.

The lesser-known things:

Data transfers back to India: If your business stores or processes data in India, you’ll need to meet the EU’s Standard Contractual Clauses (SCCs). Since India isn’t on the EU’s list of “safe” countries, you’ll need extra legal safeguards. Many Indian firms miss this step and end up non-compliant.

Language barriers: When operating in Europe, your privacy policy must be clear and easy to read. In France, it needs to be in French. In Germany, in German. A single English version won’t cut it.

2. The ePrivacy Directive

GDPR covers data in general, but the ePrivacy Directive focuses specifically on electronic communication. This includes your email marketing, website cookies, and customer messages.

What Indian Businesses Need to Follow

If you’re sending marketing emails, you need explicit consent. No pre-checked boxes. No assumptions. Even B2B marketing needs clear opt-in permission in many EU countries.

Your website needs to ask permission before placing cookies. Tracking users without consent? That’s illegal in Europe.

You must offer clear opt-outs. Customers should be able to unsubscribe from promotional emails in one click.

The lesser-known things:

Inconsistent laws across Europe: Unlike the GDPR, which is uniform, ePrivacy rules vary by country. Germany has stricter cookie rules than Spain. Italy has heavier fines for spam marketing than Poland. If you’re expanding across multiple countries, you’ll need tailored policies.

Third-party trackers: Using Google Analytics or Facebook Pixel to monitor visitor activity? You could be breaking privacy rules. Several EU nations have ruled these tools illegal due to their weak data safeguards.

3. The Digital Services Act (DSA) and Digital Markets Act (DMA)

Both the DSA and DMA are new regulations designed to rein in tech giants, but they also affect growing businesses. If you’re planning for international business development to offer e-commerce, SaaS, or digital platforms in Europe, you need to pay attention.

What It Means for Indian Companies

You’ll need to be transparent about how your platform’s algorithms work. For example, if you’re running an e-commerce site, you must disclose how you rank products or suggest recommendations.

You have to give users control. Whether it’s managing their data, blocking ads, or deleting their accounts, they need simple, accessible options.

You’re responsible for removing illegal content. If your platform allows customer reviews or third-party posts, you’ll need systems to monitor and remove harmful or misleading content quickly.

The lesser-known things:

Platform liability: If you offer online services in Europe, you’re accountable for the content users post. Fake product reviews or misleading ads? You’ll be legally responsible for the fallout.

If you grow big enough, you could be classified as a “gatekeeper” under the DMA. This means you’ll have to follow extra rules to avoid unfair practices, like self-promoting your own products over competitors.

4. Country-Specific Privacy Laws Beyond the EU

The GDPR covers the European Union, but some non-EU countries have their own privacy laws. If you’re expanding into Switzerland, the UK, or Norway, you’ll need to comply with different rules.

What You Need to Know

The UK GDPR mirrors the EU’s regulation but has its own enforcement body, the ICO. If you’re operating in both the UK and the EU, you’ll need dual compliance.

Switzerland has the FADP (Federal Act on Data Protection), which is similar to the GDPR but has stricter rules on data portability.

Norway, part of the European Economic Area (EEA), follows the GDPR but has its own privacy regulators and penalties.

5. How Indian Businesses Can Stay Compliant

International business development in Europe is an opportunity, but you have to stay on the right side of the law:

Hire a Data Protection Officer (DPO): If you’re processing large volumes of EU customer data, you’ll need someone to oversee compliance. This is mandatory under the GDPR.

Run regular privacy audits: Check if your data handling processes meet GDPR standards. Review your contracts, third-party data processors, and transfer safeguards.

Localise your privacy policies: Have country-specific privacy policies in the local language. One-size-fits-all won’t work in Europe.

Use GDPR-compliant tools: Whether it’s your CRM, analytics, or marketing platform, make sure the tools you use are privacy-friendly.