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7 of 13|Complete DPDPA Act
video 15 min•Key Definitions
Consent
The golden rule for processing data.
🎯 Learning Objectives
- ▸ Memorize the 5 requirements of valid consent
- ▸ Understand what "free" and "unconditional" mean in practice
The 5 Requirements
- • Free: No coercion.
- • Specific: For a particular purpose only.
- • Informed: Based on a clear notice.
- • Unconditional: You cannot say "give me consent or I won't sell you this product" unless the data is absolutely necessary for the product.
- • Unambiguous: Clear "yes" action.
The "Unconditional" requirement is tricky. For example, a magazine cannot ask for your consent to track your location just to sell you a subscription. That is conditional consent and is invalid.
📖 Glossary
- Unconditional Consent
- Consent that is not tied to the provision of a service, unless the data is necessary for that service.
🔑 Key Takeaways
- Silence or pre-ticked boxes is not consent.
- You cannot force consent by bundling it with a service.
- Consent must have a clear affirmative action.
📚 Further Reading
- DPDPA Section 6 — Government of India (2023)
Course Author
Shilpi Kulshrestha
Shilpi is a corporate lawyer with over a decade of experience in data protection, company law, and regulatory compliance. She has advised 50+ startups and enterprises on DPDPA readiness, privacy gover...