India's DPDP Act

In a transformative move toward safeguarding personal data in the digital age, India’s Ministry of Electronics and Information Technology (MeitY) unveiled the Business Requirements Document (BRD) for Consent Management Systems (CMS) under the Digital Personal Data Protection (DPDP) Act, 2023, in June 2025. This document  serves as a meticulously crafted blueprint for organizations aiming to align with the DPDP Act’s rigorous standards for managing user consent. As India stands on the cusp of operationalizing its comprehensive data protection framework, the BRD emerges as an indispensable tool for data fiduciaries, processors, and consent managers navigating the complexities of compliance. The DPDP Act, which received presidential assent on August 11, 2023, lays the foundation for governing the collection, processing, and disclosure of personal data in India. However, its provisions remain dormant pending a notification from the Central Government specifying the enforcement date. Complementing the Act, MeitY introduced the Draft Digital Personal Data Protection Rules, 2025, on January 3, 2025, inviting public feedback until March 5, 2025. These rules aim to provide granular procedural and technical guidelines to bring the Act to life. Within this evolving regulatory landscape, the BRD offers a forward-looking perspective, detailing the technical and functional expectations for consent management systems. This exploration delves deeply into the BRD’s objectives, components, and requirements, illuminating its role in shaping India’s data protection ecosystem and its implications for stakeholders.

The DPDP Act marks a watershed moment in India’s efforts to protect personal data amid the rapid expansion of digital services, e-commerce, and data-driven technologies. As India’s digital economy flourishes, the risks associated with unchecked data collection and processing have grown exponentially, necessitating a robust legal framework. The Act introduces key stakeholders: Data Principals, the individuals whose data is processed; Data Fiduciaries, entities that determine the purpose and means of data processing; and Data Processors, who handle data on behalf of fiduciaries. Central to the Act is the principle of consent, articulated in Section 6, which mandates that consent must be free, specific, informed, unconditional, unambiguous, and expressed through clear affirmative actions. The BRD builds on this foundation, envisioning a CMS that seamlessly manages the entire consent lifecycle—encompassing collection, validation, modification, renewal, and withdrawal—while prioritizing user empowerment, transparency, and regulatory compliance. Issued through MeitY’s Startup Hub as part of the “Code for Consent” Innovation Challenge, the BRD is a non-binding technical guide aimed at startups, developers, and organizations. By providing a detailed roadmap, it enables proactive preparation for compliance, offering clarity on the technical infrastructure needed to meet the Act’s requirements and anticipated obligations under the forthcoming rules.

The BRD’s overarching goal is to create a user-centric CMS that empowers Data Principals to exercise granular control over their personal data while ensuring that Data Fiduciaries and Processors adhere to stringent legal standards. It envisions a system that facilitates transparent consent management across diverse platforms, such as websites and mobile applications, through intuitive, accessible interfaces. The CMS must provide clear, multilingual consent notices that inform users about the purposes of data collection, their rights under the DPDP Act, and data retention policies. Real-time consent validation is a cornerstone, ensuring that data processing occurs only when valid, purpose-specific consent is in place. The system must also support immediate cessation of processing upon consent withdrawal, reinforcing user autonomy. To achieve these objectives, the BRD advocates for a modular, standards-based system architecture that emphasizes scalability, interoperability, and security. It recommends secure APIs for seamless communication between stakeholders, encryption for data protection, and time-stamped consent artifacts for tamper-proof record-keeping. Privacy-by-design principles, such as role-based access control (RBAC) and multi-factor authentication (MFA), are integral to safeguarding system integrity and administrative accounts.

A pivotal aspect of the BRD is its detailed exposition of the consent management lifecycle, which comprises five critical stages: consent collection, validation, update, renewal, and withdrawal. During consent collection, the CMS must present an accessible, user-friendly interface compliant with Web Content Accessibility Guidelines (WCAG) to accommodate users with disabilities. Consent notices must be purpose-specific, explicitly distinguishing mandatory data uses (e.g., account creation) from optional ones (e.g., targeted advertising or analytics), thereby prohibiting “bundled consent.” Users are required to perform clear, affirmative actions—such as clicking “I Agree” or selecting a checkbox—to grant consent, with default settings ensuring that optional consent options remain unchecked. The CMS must support multilingual notices, including English and languages listed in the Eighth Schedule of the Constitution of India, to ensure inclusivity. Upon consent submission, the system generates a Consent Artifact, a secure, time-stamped record containing metadata such as User ID, Purpose ID, consent status, language preference, and session ID. This artifact is stored in a tamper-proof database and synchronized in real time with internal systems and third-party processors via APIs. Comprehensive audit logging captures every action, including timestamps and consent metadata, to facilitate regulatory compliance and audits.

Consent validation is a critical safeguard outlined in the BRD, ensuring that Data Fiduciaries verify the existence of valid, purpose-specific consent before initiating data processing. The CMS conducts real-time checks to confirm that consent exists for the specified User ID and Purpose ID, remains active, and has not been withdrawn or expired. Metadata validation includes verifying User ID, Purpose ID, consent timestamp, and status. Scope validation ensures that the processing request aligns with the consented purpose—for instance, data collected for identity verification cannot be used for marketing without explicit consent. The validation process is triggered by API calls from Data Fiduciaries, enabling seamless integration with their systems. The CMS responds with a validation outcome—valid or invalid—with invalid requests resulting in denied processing and user notification. All validation activities are logged in immutable audit trails, providing a transparent record for compliance. This rigorous approach underscores the DPDP Act’s principles of purpose limitation and data minimization, ensuring that only explicitly consented data is processed.

The BRD also provides detailed guidance on consent updates and renewals, enabling Data Principals to modify their preferences or extend expiring consents. For updates, users can access the CMS dashboard to revise consent for specific purposes, such as opting out of analytics while retaining consent for service-related communications. The system validates the updated preferences, generates a new Consent Artifact, and notifies all stakeholders, including Data Fiduciaries and Processors, to ensure real-time synchronization. For renewals, the CMS proactively notifies users of impending consent expirations, typically 30 days in advance, offering a streamlined renewal process. Renewed consents are logged with updated metadata, including new timestamps and purpose IDs, and synchronized across systems. Both processes prioritize transparency, requiring clear explanations of changes and active user agreement. The BRD’s focus on user empowerment is evident, as it ensures that Data Principals retain ongoing control over their data while complying with the Act’s requirements for revocability and transparency

Consent withdrawal is a cornerstone of the DPDP Act’s commitment to user autonomy, and the BRD outlines a streamlined process to uphold this right. Data Principals can withdraw consent for specific purposes through the CMS dashboard, with the process designed to be as intuitive as granting consent. Upon withdrawal, the CMS updates the Consent Artifact to reflect the “withdrawn” status, logs the action, and notifies Data Fiduciaries and Processors to immediately halt related data processing. The system informs the user of the implications, such as the potential loss of certain services or features. Metadata, including User ID, Purpose ID, and timestamp, is recorded for auditability. Real-time synchronization prevents unauthorized processing post-withdrawal, with exceptions permitted only for legally mandated data retention. This immediate cessation requirement reinforces the Act’s emphasis on user control, ensuring that Data Principals can revoke consent without delay or complexity.

The BRD extends its scope to cookie consent management, addressing the DPDP Act’s applicability to tracking technologies. The CMS must display a cookie notice banner on a user’s first visit to a website or application, informing them about cookie usage and offering granular control options. Users can consent to specific cookie categories—essential, performance, analytics, or marketing—with essential cookies enabled by default and non-essential cookies disabled until explicit consent is granted. The system logs all cookie consent actions, including timestamps and preferences, and supports real-time updates through a dedicated cookie preferences interface. Cookie notices must be multilingual and accompanied by a clear, accessible cookie policy detailing usage, purposes, and data-sharing practices. The BRD mandates auto-expiry for cookie preferences and adherence to data retention policies, ensuring that user choices are respected over time. This approach aligns with global privacy standards, such as the GDPR, while addressing India-specific requirements under the DPDP Act.

The user dashboard is a pivotal feature of the CMS, designed to foster transparency and empower Data Principals. It enables users to view their consent history, including active, expired, and withdrawn consents, with metadata such as timestamps and purpose IDs displayed for clarity. Search and filter functionalities facilitate navigation, while export options allow users to download their consent history in secure formats like PDF or CSV. The dashboard supports consent modification or revocation, enabling users to update preferences or withdraw consent in real time. Upon such actions, the CMS validates the request, updates the Consent Artifact, and notifies stakeholders, ensuring immediate compliance. The dashboard also includes a grievance redressal mechanism, allowing users to raise complaints about consent violations or data misuse. Users can submit grievances through a simplified form, track their status in real time, and receive notifications about resolution outcomes. The system automatically escalates unresolved complaints to the Data Protection Officer (DPO) or designated authority, ensuring timely resolution. This user-centric design underscores the BRD’s commitment to building trust and accountability.

The notification module ensures that all stakeholders—Data Principals, Data Fiduciaries, and Data Processors—are kept informed about consent-related activities. User notifications cover actions such as consent approvals, withdrawals, renewals, and data request updates, delivered via email, SMS, or in-app messages. These notifications are customizable, multilingual, and include acknowledgment mechanisms where required. For Data Fiduciaries and Processors, the CMS generates real-time alerts for consent changes, such as withdrawals or expirations, through secure APIs. Alerts include actionable instructions, such as halting data processing for specific User IDs. Unacknowledged alerts trigger escalation workflows to ensure compliance. All notifications and alerts are logged in immutable audit trails, providing a comprehensive record for regulatory purposes. This multi-channel, event-driven system enhances operational efficiency and transparency, ensuring alignment across stakeholders.

The grievance redressal mechanism is a critical component of the BRD, designed to address Data Principals’ concerns about data handling practices. The CMS provides a user-friendly interface for submitting complaints, with predefined categories such as consent violations, data breaches, or processing errors. Each complaint is assigned a unique reference ID, and users receive acknowledgment notifications upon submission. The system routes complaints to the appropriate team, such as the DPO, and provides real-time status updates through the user dashboard. Escalation workflows ensure that unresolved complaints are escalated within predefined timeframes, while action logs document every step of the resolution process. Users can provide feedback on resolutions, fostering continuous improvement. The BRD’s emphasis on transparency and efficiency in grievance redressal aligns with the DPDP Act’s mandate to protect user rights and ensure accountability.

System administration is a vital aspect of the BRD, focusing on secure and efficient CMS operations. The user role management module implements RBAC, assigning permissions based on predefined roles such as Administrator, DPO, Auditor, or Operator. Custom roles can be created to meet organizational needs, and access revocation is supported in real time to address misuse. Authentication mechanisms, including MFA and single sign-on (SSO), enhance security for administrative accounts. Role changes and user activities are logged in audit trails, ensuring traceability. The data retention policy configuration module allows administrators to define retention schedules for personal data and consent artifacts, with automated deletion protocols for expired records. Exemptions for legally mandated data retention are supported, and all retention and deletion activities are logged for compliance. These administrative capabilities ensure that the CMS remains secure, scalable, and aligned with regulatory requirements.

Logging is a foundational element of the BRD’s compliance framework, ensuring that all consent-related activities are documented in a tamper-proof manner. The CMS maintains comprehensive audit logs, recording actions such as consent grants, updates, withdrawals, and notifications, along with metadata like User ID, Purpose ID, timestamps, and cryptographic hashes. These logs are structured for easy retrieval and reporting, supporting regulatory audits and dispute resolution. Access to audit logs is restricted through RBAC and MFA, ensuring security. The BRD’s emphasis on immutable logging reflects the DPDP Act’s requirement for accountability, enabling organizations to demonstrate compliance and resolve disputes efficiently.

The BRD’s release signals India’s commitment to operationalizing a robust data protection regime. While the DPDP Act awaits enforcement, the Draft Rules and BRD provide critical guidance for organizations preparing for compliance. Entities subject to the Act should leverage the BRD to assess existing consent management practices, identify gaps, and design compliant systems. Key actions include mapping data processing activities to specific purposes, implementing granular consent interfaces, and integrating secure APIs for real-time validation. The BRD’s technical recommendations, such as encryption, time-stamped artifacts, and privacy-by-design principles, offer a roadmap for building robust CMS platforms. As the final rules and enforcement timeline approach, proactive adoption of the BRD’s guidelines will position organizations to navigate compliance with confidence.

In conclusion, the BRD for Consent Management Systems under the DPDP Act is a visionary resource that bridges regulatory intent and technical implementation. By providing a comprehensive framework for consent lifecycle management, user empowerment, and system security, it equips stakeholders with the tools to build compliant, user-centric platforms. As India’s data protection regime takes shape, the BRD serves as a guiding light for organizations striving to align with the Act’s principles of transparency, accountability, and user autonomy. While challenges such as multilingual support, scalability, and integration persist, the BRD’s modular approach offers flexibility to address diverse needs. By embracing its recommendations, organizations can achieve compliance and foster trust in an increasingly data-driven world

Abhisht Chaturvedi is a Research Analyst at Insights International. His research interests include tech policy, media, and communications.