How does informed consent differ under GDPR and DPDPA?

Navigating the landscape of data protection requires a clear understanding of how informed consent operates under different regulations. The General Data Protection Regulation (GDPR) and the Digital Personal Data Protection Act (DPDPA) both emphasize privacy rights, but they differ in how consent is defined and applied. This guide clarifies those differences and offers practical insights for organizations managing personal data.

Key Differences in Consent Requirements

Explicit vs. Implicit Consent:

• GDPR: Requires explicit consent. Individuals must take a clear affirmative action and understand exactly how their data will be used.

• DPDPA: Allows implicit consent in certain contexts, where a user’s actions reasonably indicate agreement, provided data use is clearly communicated.

Granularity and User Control:

• GDPR: Enables granular consent, allowing individuals to agree to specific processing purposes separately.

• DPDPA: Permits simplified consent mechanisms, which may include broader consent for multiple related purposes.

Right to Withdraw and Documentation:

• GDPR: Consent must be easy to withdraw at any time, and organizations are required to maintain detailed consent records.

• DPDPA: Also supports withdrawal of consent, while placing greater responsibility on data fiduciaries to ensure protection standards are upheld.

Practical Examples

• GDPR Example:
  A user subscribing to a newsletter must actively tick a checkbox agreeing to marketing communications, with clear information on how their data will be used.

• DPDPA Example:
  A user continues using an application after being notified of an updated privacy policy. This continued use may be treated as implicit consent if the policy clearly explains data usage.

Implications for Organizations

Organizations operating under both GDPR and DPDPA should adopt flexible compliance strategies:

• Dual Consent Frameworks: Support both explicit and implicit consent models depending on jurisdiction.

• User Education: Clearly explain data rights and consent implications to users.

• Monitoring and Auditing: Regularly review consent practices to ensure ongoing compliance.

Real-World Adaptations

Companies navigating both regulations often respond by:

• Developing robust consent management systems that log and track consent.

• Training internal teams on regulatory differences and practical application.

• Engaging with regulators and advisors to stay aligned with evolving guidance.

Common Missteps and Solutions

• Complex Consent Language: Use simple, clear language to improve understanding.

• Outdated Consent Requests: Update consent notices whenever data processing changes.

• Delayed Withdrawal Handling: Implement streamlined workflows to honor withdrawal requests promptly.

Conclusions on Informed Consent Differences

Understanding the distinctions between GDPR and DPDPA consent requirements is essential for data-driven organizations. By tailoring consent mechanisms to each framework, businesses can strengthen transparency, reduce risk, and build user trust. FutureBeeAI supports organizations in navigating these complexities through expertise in ethical AI data collection.

FAQs

Q. What are the consequences of not obtaining proper consent under GDPR or DPDPA?

A. Organizations may face substantial penalties, including fines, enforcement actions, and restrictions on data processing if consent requirements are not met.

Q. Are there exceptions to the consent requirement under GDPR and DPDPA?

A. Yes. Both regulations allow limited exceptions, such as processing required for legal obligations or certain legitimate interests, but these must be carefully assessed to remain compliant.