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DPDPA consent readiness for India

India's Digital Personal Data Protection Act, 2023 makes consent the main basis for processing personal data. The DPDP Rules, 2025 set out how notices must look and when each duty starts.

Last reviewed . This is guidance, not legal advice.
Who
Anyone processing digital personal data in India, or offering goods or services to people in India
Model
Opt-in: consent must be given by a clear affirmative action before processing
Laws
Digital Personal Data Protection Act, 2023 and DPDP Rules, 2025

What the law requires

  1. An itemised notice in plain language

    Before asking for consent, give a notice that stands on its own, lists the personal data and the specific purpose for each item, and is written clearly enough to understand without reading anything else.

    DPDP Act s.5; DPDP Rules, Rule 3

  2. Consent that is free and specific

    Consent must be free, specific, informed, unconditional and unambiguous, given by a clear affirmative action, and limited to the data needed for the stated purpose.

    DPDP Act s.6(1)

  3. Withdrawal as easy as giving

    People can withdraw consent at any time, and doing so must be comparably easy to giving it. Once withdrawn, processing for that purpose has to stop within a reasonable time.

    DPDP Act s.6(4)-(6)

  4. Who to contact

    The notice must say how to exercise rights and how to complain to the Data Protection Board, and give the contact details of the Data Protection Officer or the person who answers on your behalf.

    DPDP Act s.5(1); s.8(9)

  5. Consent Managers

    People can give, manage and withdraw consent through a registered Consent Manager. Your systems should accept consent recorded that way as well as directly.

    DPDP Act s.6(7)-(9); DPDP Rules, Rule 4

  6. Keep records and protect them

    Data Fiduciaries must be able to show that notice was given and consent obtained, and must take reasonable security safeguards. Breaches can attract penalties of up to ₹250 crore.

    DPDP Act s.6(10), s.8(5); Schedule

Notices in all 22 languages

Section 5(3) lets a person read the notice in English or any language in the Eighth Schedule to the Constitution. Plain Theory picks the language from the page and the browser, and lets visitors switch inside the notice.

  • অসমীয়াAssamese
  • বাংলাBengali
  • बड़ोBodo
  • डोगरीDogri
  • ગુજરાતીGujarati
  • हिन्दीHindi
  • ಕನ್ನಡKannada
  • كٲشُرKashmiri
  • कोंकणीKonkani
  • मैथिलीMaithili
  • മലയാളംMalayalam
  • ꯃꯤꯇꯩꯂꯣꯟManipuri
  • मराठीMarathi
  • नेपालीNepali
  • ଓଡ଼ିଆOdia
  • ਪੰਜਾਬੀPunjabi
  • संस्कृतम्Sanskrit
  • ᱥᱟᱱᱛᱟᱲᱤSantali
  • سنڌيSindhi
  • தமிழ்Tamil
  • తెలుగుTelugu
  • اردوUrdu

Drafts, then a person signs off. Each language starts as a machine-assisted draft. A native speaker on your team reviews it and marks it reviewed; the reviewer and date are recorded and show up in your Evidence Pack.

Which plans. English and Hindi are on every plan, including Free. All 22 languages are on Starter and above.

Itemised notices

Rule 3 asks for a notice that makes sense on its own and gives, for each purpose, an itemised description of the personal data and what it's used for, along with the goods, services or uses it enables.

In Plain Theory each category carries its own list of data items and how long they're kept. The notice is built from that list, so the words a visitor reads and the data you actually collect come from one place.

  • Data items and retention per purpose, edited in the banner builder
  • Rights, grievance contact and Data Protection Board link in the notice
  • The fairness check flags any optional purpose with no data items listed

Analytics

Optional
Why
To see which pages are useful and fix the ones that aren't.
Data collected
  • Pages you visit and how long you stay
  • Device and browser type
  • Approximate location (city)
Kept for
13 months, then deleted
Change your mind
Privacy choices button on every page. One tap withdraws.
One purpose from a Plain Theory DPDPA notice. Each optional purpose is listed this way.

When each duty applies

The DPDP Rules, 2025 were notified on 13 November 2025 and come into force in phases. MeitY has consulted on bringing the May 2027 date forward to 13 November 2026; as of October 2026 that change has not been notified in the Gazette.

13 November 2025
Rules notified; provisions setting up the Data Protection Board in force.
13 November 2026
Registration and obligations of Consent Managers begin (Rule 4).
13 May 2027
Notice, consent, withdrawal, security safeguards, breach reporting, retention, children's data and Data Principal rights become enforceable.

How Plain Theory handles it

Each requirement maps to something the product does by default. Nothing here needs a custom build.

DPDPA requirements and the Plain Theory feature that meets each one
Itemised notice (Rule 3)Each purpose lists its own data items and retention, edited in the banner builder and shown in the notice
Notice in 22 languages (s.5(3))Drafts for all 22 Eighth Schedule languages, each marked draft or reviewed by a named person
Clear affirmative action (s.6)Nothing non-essential runs until the visitor chooses; no pre-ticked purposes
Withdrawal as easy as giving (s.6(4))A persistent Privacy choices button reopens the purposes; one tap withdraws, and on Business signed webhooks tell your systems
Rights, grievance and Board complaintRights page, grievance email and Data Protection Board link set once and shown in every DPDPA notice
DPO or contact personYour DPO's name and email from Settings appear inside the notice
Proof of notice and consent (s.6(10))Hash-chained receipts with the notice version and language, verifiable on demand, exported as an Evidence Pack
Processing actually stopsLeak detection lists any tracker that still fires after a person declines, page by page, on your Leaks page
Records kept long enough (Rule 6)1-year log on Starter, 2 years on Growth, 7 years on Business
Data localisationReceipts are stored in India (Mumbai, ap-south-1)

Common questions

Does DPDPA apply to cookies?

DPDPA covers personal data in digital form. Identifiers set by cookies and trackers, combined with browsing behaviour, are personal data when they relate to an identifiable person. Treat analytics and advertising trackers as needing consent.

Do we need a Data Protection Officer?

Only Significant Data Fiduciaries must appoint a DPO based in India. Everyone else must still name a person who answers questions about data processing. Plain Theory shows whichever contact you set.

Does our consent tool need to register with the Data Protection Board?

No. Only Consent Managers register with the Board. A consent management platform that a business runs on its own site doesn't. Using a registered Consent Manager is optional for businesses, though you must accept consent given through one.

Are machine translations enough for the 22 languages?

Treat them as a starting point. The notice has to be clear to the person reading it, so have a native speaker check each language before you rely on it. Plain Theory records who reviewed each one and when.

Is data localisation required?

The Act doesn't require all data to stay in India, but the government can restrict transfers to specific countries and sector regulators may have their own rules. Plain Theory stores receipts in India (Mumbai), which avoids the question for consent records.

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