Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 18 JULY 2025

From Policy To Practice: Decoding Consent Management For Businesses Under The Dpdp Act, 2023

Clasis Law
Explore more from Clasis Law

India's data protection regime is undergoing a transformational shift. With the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act") and draft Digital Personal Data Protection Rules, 2025 ("Rules"), the country has moved from a fragmented and sector-specific framework to a unified, rights-based legislation more focused on digital personal data.

IndiaPrivacy
Raveena Anand
Raveena Anand
Mayank Prashar
Mayank Prashar
Author LinkedIn connections

Introduction

India's data protection regime is undergoing a transformational shift. With the enactment of the Digital Personal Data Protection Act, 20231 ("DPDP Act") and draft Digital Personal Data Protection Rules, 2025 ("Rules"), the country has moved from a fragmented and sector-specific framework to a unified, rights-based legislation more focused on digital personal data. This transition brings with it a new set of compliance obligations for businesses. In an effort to operationalise these new mandates and assist businesses in implementing robust consent management systems ("CMS"), National e-Governance Division of the Ministry of Electronics and Information Technology ("MeitY") recently released Business Requirement Document for Consent Management under the DPDP Act2 ("BRD"). This article aims to decode the BRD, exploring the core technicalities it outlines, how it aligns with the broader compliance architecture of the DPDP Act and how it serves as a

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

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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

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

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

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

DPDP Act And Rules 2025: The 2026 Compliance Milestones Businesses Can’t Afford To Miss

India’s data protection regime has moved well past the discussion stage. With the Digital Personal Data Protection Rules, 2025 (“DPDP Rules”) notified by the Ministry of Electronics and Information Technology (“MeitY”) on 13 November 2025, the Digital Personal Data Protection Act, 2023 (“DPDP Act”) now has a defined implementation roadmap, and 2026 is the year businesses should be using to prepare for substantive compliance.
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

The Digital Personal Data Protection Consent Manager Framework: What Data Fiduciaries Must Do Before The November 2026 Deadline

India's Digital Personal Data Protection Act introduces a mandatory Consent Manager Framework operational from November 2026, requiring organizations processing personal data to integrate with registered intermediary platforms that enable individuals to manage consent across multiple services. With penalties reaching INR 250 crore per violation and implementation timelines spanning 12-18 months, enterprises face critical infrastructure modernization requirements before the May 2027 full compliance deadline.
IndiaPrivacy
Maheshwari & Co. Advocates & Legal Consultants
Maheshwari & Co. Advocates & Legal Consultants
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
Article

India’s DPDP Consent Management Architecture Form November 2026

India’s data protection framework has continued to evolve since the enactment of the Digital Personal Data Protection Act, 2023 (the “DPDP Act”) and the subsequent introduction of the Digital Personal Data Protection Rules (the “Rules”) (together, the “DPDP regime”). The broader framework, including the applicability and commencement timeline, processing of personal data based on consent, recognition of consent managers and obligations of data fiduciaries, has already been discussed in our earlier article.
IndiaPrivacy
Clasis Law
Clasis Law
Article

India's Labour Codes Enter The Compliance Phase: Key Implications Of The Central Rules, 2026

India's labour law reforms entered a significant phase with the enforcement of the Code on Wages, 2019, the Code on Social Security, 2020, the Industrial Relations Code, 2020, and the Occupational Safety, Health and Working Conditions Code, 2020 (collectively, the “Labour Codes”) from November 21, 2025. Although the Labour Codes came into force in November 2025, their implementation remained incomplete in the absence of the corresponding subordinate legislation.
IndiaEmployment and HR
Clasis Law
Clasis Law
Article

The Micro, Small And Medium Enterprises Development Act, 2026: Key Changes To The Regulatory Framework

The Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act, 2006) was enacted to facilitate the promotion and development of micro, small and medium enterprises (MSMEs). MSMEs play a critical role in driving economic growth, generating employment, fostering innovation, and contributing significantly to India’s GDP and exports. They continue to serve as a vital pillar of the Indian economy. Over the years, the MSME sector has evolved significantly, driven by technological advancements, the emergence of information technology-enabled systems, and changes in the regulatory landscape.
IndiaLitigation, Mediation & Arbitration
Clasis Law
Clasis Law
Article

The Employee’s Enrolment Campaign, 2026, Vishwas, 2026, And Amnesty, 2026: A Step Towards Bridging India’s Social Security Compliance Gap

India is presently witnessing one of the most significant labour law reforms in decades with the implementation of the four new labour codes. Following their enactment, the Appropriate Governments are progressively operationalising the labour codes through the notification of rules, schemes, and other subordinate legislation.
IndiaEmployment and HR
Clasis Law
Clasis Law