5 Mistakes Businesses Make in Consent Collection

In the age of India’s Digital Personal Data Protection Act (DPDPA), getting user consent isn’t just about ticking a box it’s a legal, ethical, and operational obligation.

Whether you're running a D2C ecommerce platform, a SaaS tool, a healthcare startup, or a fintech app, the way you collect, store, and manage consent directly impacts your compliance, trust, and risk exposure.

Yet, businesses continue to repeat the same mistakes mistakes that could lead to fines up to ₹250 crore per breach under Section 33 of the DPDP Act.

Here are the five most common consent collection errors businesses make under DPDP and how you can avoid them.

Mistake 1: No “Reject All” Option in Cookie Banners

What’s Wrong?

Many websites display “Accept All” prominently but hide or exclude the “Reject All” option.

Why It Violates DPDP:

Under Rule 6 of the DPDP Rules 2025, consent must be free, specific, informed, and unambiguous. That means equal prominence and accessibility to reject or deny consent.

Fix It:

Redesign your cookie banners to show “Reject All” and “Manage Preferences” next to “Accept All.” Avoid nudging, dark patterns, or hiding controls.

Mistake 2: Pre-Checked Boxes and Forced Consent

What’s Wrong?

Forms often come with pre-selected checkboxes or bundled consent (“By signing up, you agree to everything”).

Why It Violates DPDP:

Such consent is not “affirmative” or “freely given”. Rule 5 and Rule 8 mandate verifiable, affirmative action.

Fix It:

• Use opt-in mechanisms only

• Separate consent from Terms & Conditions

• Clearly state what data is collected and for what purpose

Mistake 3: No Record of Consent (or Revocation)

What’s Wrong?

You collect consent, but don’t store logs or timestamps or can’t prove when a user withdrew it.

Why It Violates DPDP:

The burden of proof lies with the Data Fiduciary (that’s you). If audited, you must show who consented, when, for what, and if it was withdrawn.

Fix It:

Implement a Consent Management Platform (CMP) that:

• Records every consent and change

• Supports user-specific logs

• Enables easy revocation or editing

Mistake 4: One-Size-Fits-All Consent Notices

What’s Wrong?

Privacy notices are vague or generic (“We collect your data to improve your experience”) and lack purpose-specific clarity.

Why It Violates DPDP:

Rule 7 requires that users must know exactly why their data is being collected. Vague notices invalidate the consent.

Fix It:

• Use purpose-linked consent: one checkbox per use-case (e.g., email marketing, third-party sharing)

• Clearly state retention timelines, grievance redressal contact, and withdrawal options

Mistake 5: Making Consent Withdrawal Difficult

What’s Wrong?

Users have to email support, fill a form, or call customer service just to opt out.

Why It Violates DPDP:

Rule 8 states that withdrawing consent should be as easy as giving it.

Fix It:

• Add an in-dashboard or in-app toggle to revoke consent

• Include a clear link in emails or account settings

• Avoid punitive design that discourages withdrawal

DPDP Enforcement in 2026: Penalties for Non-Compliance

From 2026, enforcement of the DPDP Act will intensify. The Data Protection Board of India may:

• Launch investigations

• Issue Show-Cause Notices

• Impose fines up to ₹250 crore per violation

For example:

• Not offering a “Reject All” button? - Penalty under Section 33(b)

• Processing data after withdrawal? - Penalty under Section 33(f)

• No grievance mechanism? - Penalty under Section 33(i)

How to Stay DPDP-Compliant

Here’s a simple checklist:

• Clear, multi-purpose consent

• Reject All button in banners

• Separate consent from terms

• Consent logs and withdrawal timestamps

• User-friendly preference centre

• Local language support (if needed)

• Grievance redressal within 7 days

• Data retention tied to purpose (Rule 13)

Blutic: Simplifying Consent the Right Way

If all of this feels overwhelming, you're not alone. Most businesses struggle to build DPDP compliance from scratch.

That’s where Blutic helps:

• Plug-and-play Consent Management Platform

• Verifiable consent logs and audit trails

• Cookie banner tools aligned with Indian DPDP rules

• Easy revocation flows and user dashboards

• Grievance workflows and breach alerts

Compliance shouldn’t be complex or expensive. Blutic helps you meet DPDP standards without breaking your product flow.

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