Recently, the parliament enacted the DPDPA to secure the personal digital rights of individual (i.e., Data Principal)

Consent Management under the provisions of the Digital Personal Data Protection Act (DPDPA), 2023

Recently, the parliament enacted the DPDPA to secure the personal digital rights of individual (i.e., Data Principal). Under this Act, it is mandatory that before processing the personal data of an individual for a particular purpose, the service provider (i.e., Data Fiduciary, Consent Manager) adhere to the following:

  • To establish the consent management processes for obtaining specific consent from the individual (data principal) before the processing of her personal data for specific purposes.
  • It may be noted these statutory provisions give individuals more control over their personal data and how it is used by service providers.2 (It is pertinent to note that the consent management process is based on the general principle of consensus ad idem in the contract; otherwise, the said agreement/request would be treated as invalid)
  • Established the consent manager, who is a single point person and registered with the Data Protection Board (i.e., Adjudicatory body under the Act), and who acts as a facilitator to enable data protection to give, manage, review, and withdraw consent through an accessible, interoperable platform.
  • Under the Act, there is a mandate that consent obtained from data principal be subject to adherence to the following principles:
    • The said consent should be free/unconditional.
    • It shall be specific.
    • It shall be unambiguous, with a clear affirmative. (It may be noted that these principles are also spirited by the general principles contract.)
  • Every request for consent should be in clear and simple language, giving the data principal the option to access such a request in English or any other language specified in the Eighth Schedule of the Indian Constitution.
  • The data principal has the right to give, manage, review, or withdraw her consent to the Data Fiduciary through the Consent Manager.
  • The consent manager shall be accountable to the data principal and execute its statutory obligations as per the defined rule.
  • It is also mandatory that the additional burden lie on the data fiduciary to prove that consent was obtained from the data principal as per the provisions of the Act.
Views: 40
Related Posts
FOCC Regulations: Navigating India’s Financial Services Landscape
FOCC Regulations

India's banking system is diverse and growing rapidly. It comprises commercial banks, insurance firms, non-banking financial institutions, unions India's banking Read more

Ideas and Innovation

Intellectual property rights (IPR) vest exclusive legal monopolies upon the creators or inventors of qualifying subject matter Intellectual Property Rights Read more

Fashion and Design: Copyrights and Intellectual Property
Copyrights and Intellectual Property

Copyrights: Original and creative parts of fashion and design, such as fabric patterns, garment designs, and graphic elements on garments, Read more

Trademarks And Brand Protection In The Business Sector
Trademarks And Brand Protection

Building a strong and recognizable brand is essential for success in today’s globalized and intensely competitive business climate Building a Read more

Balancing the Current Account: A Legal Analysis of India’s Trade and Payment Framework

The fact that India's economy is among the fastest-growing in the world has attracted a lot of attention from around Read more

Navigating the Conundrum: Personal Guarantors and the Insolvency and Bankruptcy Code 2016
insolvency and bankruptcy code 2016

The comprehensive framework of the Insolvency and Bankruptcy Code, 2016 (IBC) has been established with the objective to provide relief Read more

Driving Innovation: AI and Autonomous Driving in Europe and India

The recent advancements in technology and innovation, the European Union's approval of the world's inaugural regulations on artificial intelligence (AI) Read more

Fiscal Policy and International Trade – Navigating WTO Regulations
International Trade

The interaction between a country's budget and fiscal policy and the World Commerce Organization's (WTO) laws plays a critical role Read more

The Intricacies of Cross-Border Insolvency

In today's interconnected world, business transactions and commercial relationships transcend international boundaries like never before In today's interconnected world, business Read more

Digital Inheritance – Law that Secures the Future of Your Digital Assets 
Digital Inheritance

In our rapidly changing digital environment, the implementation of the Digital Personal Data Protection Act in 2023 marks a major Read more

Need help with legal issues?
Call Back Request

Leave a Reply

Your email address will not be published. Required fields are marked *