Verifiable Consent in India: How to Get It Right Under the DPDP Act

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In the age of data-driven decisions, the Digital Personal Data Protection Act (DPDPA), 2023 introduces a non-negotiable standard: verifiable consent. Under the DPDP Rules, 2025, it’s not enough to display a checkbox or assume user agreement businesses must prove that every bit of data they collect is backed by informed, specific, and auditable consent.

If you're collecting names, emails, cookies, behavioural signals, or even inferred data, and cannot demonstrate proof of consent when asked, you're at risk not only of losing user trust but also of facing fines up to ₹250 crore per breach under Section 33.

Let’s break down what “verifiable consent” means in 2026, how your business can stay compliant, and why a strong consent framework is more than just a legal checkbox it’s a business advantage.

What Is Verifiable Consent?

The DPDP Act defines consent as a freely given, specific, informed, and unambiguous indication of the Data Principal’s agreement to the processing of their personal data. To be verifiable, it must also be recorded and provable.

In short, verifiable consent means:

• The user actively agreed to data processing for a clear, defined purpose.

• You can trace that action to a specific user, time, and purpose.

• You log it, store it securely, and are able to present proof when requested by the Data Protection Board of India.

Legal Foundation: Where Verifiable Consent Is Defined

The following sections of the law establish the mandate:

• Section 6 of DPDP Act 2023 - Defines valid consent and withdrawal rights.

• Rule 5 (Consent Request Format) - Requires clear, itemised requests with toggles for each data processing purpose.

• Rule 7 (Consent Logs) - Mandates the creation and storage of consent history for audit purposes.

• Rule 8 (Withdrawal Mechanism) - Requires businesses to provide easy withdrawal tools.

• Rule 9 (Language & Accessibility) - Ensures consent is understandable and available in English + one Indian language.

Key Elements of Verifiable Consent Under DPDP

1. Purpose-Specific Opt-Ins

You must provide individual consent toggles for different purposes e.g., marketing, analytics, third-party sharing.

2. Clear Consent Interface

No bundling. No ambiguity. No pre-ticked boxes. Use checkboxes or toggles that require user interaction.

3. Timestamped Consent Logs

Every consent must be logged with metadata: user ID, time, purpose, platform, and language version.

4. Proof of Identity

Even if you're not collecting Aadhaar or PAN, logs should tie the consent to a verifiable identifier (email, IP address, session ID, etc.).

5. Easy Withdrawal Mechanism

Users must be able to change their mind and withdraw consent with equal ease. Rule 8 requires it to be as simple as giving consent.

6. Accessible Formats

Use plain language, avoid legalese, and deliver notices in at least two languages English + a suitable Indian language (e.g., Hindi, Tamil, Bengali).

Real-World Examples of What NOT to Do

• Wrong: One checkbox for “I agree to terms, privacy policy, and promotional emails.”

• Right: Separate toggles for privacy policy, terms, marketing, and cookies.

• Wrong: Passive banner that disappears when a user scrolls.

• Right: Consent banners requiring click-based acceptance.

• Wrong: No record of when or how consent was obtained.

• Right: Backend log that shows consent timestamp + session ID.

How to Make Consent Verifiable on Your Website or App

• Add multi-purpose toggles for analytics, marketing, and personalization.

• Use cookie scanning tools to map all trackers and link them to consent categories.

• Log every consent event with purpose, version, and user metadata.

• Set up a grievance redressal dashboard with consent withdrawal workflows.

• Create consent receipts that users can download or view later.

What Happens If You Can’t Prove Consent?

The Data Protection Board of India can issue notices under Rule 17, and penalties under Section 33 can reach:

• ₹200 crore for consent violations involving children.

• ₹250 crore for failing to implement safeguards like logs, withdrawal mechanisms, or consent proof.

• Investigations, service restrictions, or criminal complaints in extreme cases.

From Risk to Trust

In 2026, verifiability is the foundation of consent. If your systems can’t show who consented, for what, when, and how then under the DPDP Act, you don’t have valid consent at all.

But it’s not just about penalties. A transparent consent experience builds long-term trust, reduces friction, and positions your brand as privacy-first.

Blutic: Enabling Verifiable Consent Without Code Debt

Blutic is built to handle the full lifecycle of DPDP-compliant consent:

• Cookie banners with Accept/Reject parity

• Multi-purpose consent toggles

• Tamper-proof consent logs

• Consent receipts and dashboards

• Easy integration with your website or mobile app

Whether you're a startup or an enterprise, Blutic helps you go from basic consent collection to verifiable, scalable compliance without slowing down your product.