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ARTICLE · 12 FEBRUARY 2025

Preventing "Cookies" From Crumbling Under The DPDP Act Regime

Khaitan & Co.
Khaitan & Co.
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Khaitan & Co.

Khaitan & Co.

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Cookies, a term which instantly resonates with businesses and online platforms in today's digital era, refers to one of the most widely adopted tools to collect and store data of any individual visiting a website for inter alia advertising purposes.

IndiaMedia, Telecoms, IT, Entertainment

Introduction

Cookies, a term which instantly resonates with businesses and online platforms in today's digital era, refers to one of the most widely adopted tools to collect and store data of any individual visiting a website for inter alia advertising purposes. While the concept of cookies has been long embedded in the digital ecosystem across the globe and in India, the enactment of India's first data protection law i.e., the Digital Personal Data Protection Act, 2023 (DPDP Act) along with the draft Digital Personal Data Protection Rules (Draft DPDP Rules) will introduce new challenges and complexities for businesses and websites, particularly in terms of seeking consent.

Recently, the Advertising Standards Council of India (ASCI) has released a whitepaper titled "Navigating Cookies: Recalibrating your cookie strategy in light of the DPDPA" (White Paper). As the relevant legal landscape evolves, the need to realign and rework cookie consent policies would

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