Share on LinkedInShare on LinkedIn

ARTICLE · 21 NOVEMBER 2023

Does Opt-In Consent Under DPDPA Require A Granular And Specific Approach?

NovoJuris Legal
Explore more from NovoJuris Legal

Indian Data Protection Law – Digital Personal Data Protection Act, 2023 - requires Data Fiduciaries to go for opt-in consent while obtaining personal data from Data Principal for processing.

IndiaPrivacy
NovoJuris Legal
NovoJuris Legal
Author LinkedIn connections

Indian Data Protection Law – Digital Personal Data Protection Act, 2023 (DPDPA) [yet to come into force] - requires Data Fiduciaries to go for opt-in consent while obtaining personal data from Data Principal for processing. As per section 6(1) of the DPDPA, a Data Principal's consent to the processing of her personal data by Data Fiduciaries shall be free, specific, informed, unconditional, and unambiguous "with a clear affirmative action", and shall signify an agreement to the processing of her personal data "for the specified purpose" and be "limited to such personal data as is necessary for such specified purpose". The opt-in consent and the principles of purpose limitation and data minimization are reflected in this provision. Opt-in consent requires a Data Principal to consciously tick the checkbox indicating her agreement to the processing of her personal data for receiving marketing e-mails. If the checkbox meant for the same purpose is pre-ticked or if any

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Cross-Border Data Transfers Under India’s DPDP Act: Rules, Restrictions And Compliance Roadmap For 2027

India’s Digital Personal Data Protection Act, 2023 (DPDP Act) introduces a relatively permissive framework for the cross-border transfer of personal data from India. Unlike the European Union’s GDPR, which relies extensively on adequacy decisions and prescribed transfer safeguards, the DPDP framework adopts a negative-list approach: international transfers are generally permitted, subject to restrictions that may be notified by the Central Government.
IndiaPrivacy
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

DPDP Data Breach Notification In India: Timelines, Requirements And Key Compliance Considerations

A personal data breach can create immediate legal, operational, and reputational consequences for an organisation. Under India’s Digital Personal Data Protection Act, 2023 (DPDP Act) and the Digital Personal Data Protection Rules, 2025 (DPDP Rules), specific obligations have been prescribed for Data Fiduciaries following a personal data breach. While organisations may already have broader data protection and cybersecurity measures in place, breach notification requires a distinct and time-sensitive response. The DPDP framework requires communication both to affected Data Principals and to the Data Protection Board of India.
IndiaPrivacy
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

Data Retention And Deletion Under The DPDP Act: How Long Can Businesses Retain Personal Data In India?

India’s data protection framework has moved from legislation to implementation. With the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and the Digital Personal Data Protection Rules, 2025 (“DPDP Rules”) now notified, organizations processing personal data in India need to reassess how long they retain personal data, why they retain it, and how they ultimately delete or anonymize it.
IndiaPrivacy
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

What Happens To Existing SPDI Rules After Full DPDP Enforcement?

India’s data protection landscape is undergoing its most significant shift in over a decade. The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”), have long formed the core of personal data protection obligations under the Information Technology Act, 2000 (“IT Act“) for body corporates handling sensitive personal data or information.
IndiaPrivacy
King, Stubb & Kasiva
King, Stubb & Kasiva
Article

From Consent To Accountability: Japan’s 2026 APPI Amendment Bill And The New Data Strategy For AI-Driven Businesses

AI regulation does not always arrive in the form of a dedicated AI statute. More often, it enters through privacy law. On April 7, 2026, the Japanese Cabinet approved a bill to amend Japan’s Act on the Protection of Personal Information (“APPI”). The Diet passed the amendment on July 10, 2026, and it was promulgated on July 17, 2026 as Act No. 56 of 2026; the amendment is now enacted but not yet in force, with its main provisions taking effect on a date to be fixed by Cabinet order no later than mid-2028.
IndiaPrivacy
Hammurabi & Solomon Partners
Hammurabi & Solomon Partners