Readiness assessment
The Act
The DPDP Act, explainedThe DPDP Rules 2025

Ch IPreliminary

S.1 Short title and commencementS.2 DefinitionsS.3 Application and scope

Ch IIObligations of Data Fiduciary

S.4 Grounds for processingS.5 NoticeS.6 ConsentS.7 Certain legitimate usesS.8 Data Fiduciary obligationsS.9 Children’s dataS.10 Significant Data Fiduciary

Ch IIIRights and duties of Data Principal

S.11 Right to accessS.12 Correction and erasureS.13 Grievance redressalS.14 Right to nominateS.15 Duties of the Data Principal

Ch IVSpecial provisions

S.16 Transfer outside IndiaS.17 Exemptions

Ch VData Protection Board of India

S.18 Establishment of the BoardS.19 Composition of the BoardS.20 Salary and term of officeS.21 DisqualificationsS.22 Resignation and vacanciesS.23 Proceedings of the BoardS.24 Officers and employeesS.25 Members as public servantsS.26 Powers of the Chairperson

Ch VIBoard powers and procedure

S.27 Powers and functions of the BoardS.28 Procedure followed by the Board

Ch VIIAppeal and dispute resolution

S.29 Appeal to the Appellate TribunalS.30 Tribunal orders as a decreeS.31 Alternate dispute resolutionS.32 Voluntary undertaking

Ch VIIIPenalties

S.33 Penalties and the ScheduleS.34 Penalties to Consolidated Fund

Ch IXMiscellaneous

S.35 Good-faith protectionS.36 Power to call for informationS.37 Blocking of accessS.38 Consistency with other lawsS.39 Bar of jurisdictionS.40 Power to make rulesS.41 Laying of rules before ParliamentS.42 Power to amend the ScheduleS.43 Power to remove difficultiesS.44 Amendments to other Acts
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Readiness assessment

Concept

Consent

Consent under the DPDP Act must be free, specific, informed, unconditional and unambiguous, given by a clear affirmative action, and limited to the data the purpose needs.

Defined inSection 6(1)
CategoryConsent & Notice
Applies toData Fiduciaries and Data Principals

TL;DR

Consent under the DPDP Act (Section 6) must be free, specific, informed, unconditional and unambiguous, given by a clear affirmative action and limited to the data the purpose needs. It is one of two lawful bases for processing, and a Data Principal can withdraw it at any time, as easily as it was given.

What Does the DPDP Act Say About Consent?

DPDP Act 2023, Section 6(1)

The consent given by the Data Principal 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.

What is Consent in Simple Words?

Consent is one of the two lawful bases for processing, the other being a certain legitimate use. It cannot be bundled, assumed or buried: the person must actively agree, for a specific purpose, to only the data that purpose needs.

A Data Principal can withdraw consent at any time, as easily as it was given. When they do, the fiduciary must stop processing unless another lawful basis applies.

Consent: Example

A telemedicine app asking to process your health details for a consultation has valid consent. Asking for your contact list, which the consultation does not need, is not valid.

Compare

See how this term differs from the ones people most often confuse it with.

Consent vs Certain Legitimate Uses →

Related terms

Related sections of the Act

Related Rules

Consent: Frequently Asked Questions

Can consent be withdrawn?

Yes, at any time, as easily as it was given. Processing must then stop unless another basis applies.

Is consent the only lawful basis?

No. The Act also allows certain legitimate uses under Section 7, such as medical emergencies.

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