The Importance of Obtaining Consent Under the DPDPA23

As personal data plays an ever-growing role in our economies, it's imperative that individuals remain in control of their personal information. By prioritizing transparency and consent, the DPDPA gives consumers more power over their data while forcing companies to earn trust rather than take it for granted.

Consent allows individuals to determine how and with whom their data will be shared, whether that involves browsing history or shopping habits or more sensitive details like health records. But in order to give informed consent, people must first be well informed. Under DPDPA laws, companies that collect or process personal data must clearly explain its purposes for collection as well as who it will be shared with.

Gone are long legalistic terms and conditions designed to mislead consumers instead they require clear consent requests that include categories of personal data being processed along with links to privacy policies as well as affirmative actions designed to confirm consent requests that include categories of personal data being processed along with simple affirmative actions for giving consent.

DPDPA: Best Practices for Gaining Valid Consent

The DPDPA sets high standards when it comes to gaining valid consent by mandating it be free, specific, informed, unconditional, unambiguous and unequivocal with a clear affirmative action. Further, data fiduciaries must only request consent for purposes specified in their notice and only after providing an extensive privacy statement describing all categories of personal data being processed, intended use(s), grievance redressal mechanisms etc.

Businesses cannot use coercive tactics to obtain valid consent, such as bundling it with other terms and conditions or making it a condition for purchasing their product or service. Furthermore, DPDPA prohibits businesses from collecting and processing children's personal data without prior verifiable parental approval.

Under the DPDPA, data fiduciaries must inform data subjects of any changes to terms or purpose of processing that require their information, including real time tracking of consent preferences as well as notifying data subjects of material modifications to privacy policies.

Centralized Consent Management Solutions

Businesses looking to cut compliance costs have begun exploring centralized consent management solutions as an attempt to synchronize and store users' consent across various business channels. But implementation poses significant challenges relating to interoperability, security, and regulatory oversight.

Thus, achieving success when creating consent managers requires cooperation among Fiduciaries, Data Processors, Consent Managers to create a platform compatible with diverse industry data formats and technical protocols, creating a consistent standard for data exchange while creating an enjoyable consent experience that benefits all parties involved.