# Section 6 DPDP Act 2023: Consent (full text)

> Canonical page: https://mksd0398.github.io/dpdp-act-skill/act/section-6/
> Not legal advice. Educational compliance reference only; no lawyer-client relationship arises from its use and the author is not a lawyer. Verify statutory text against the Gazette of India and consult qualified Indian legal counsel before acting.

**CHAPTER II: OBLIGATIONS OF DATA FIDUCIARY.** The Digital Personal Data Protection Act, 2023 (Act 22 of 2023), section 6. Verbatim from the Gazette of India.

Summary (maintainers', not statutory text): Free/specific/informed/unconditional/unambiguous + clear affirmative action; severability; easy withdrawal; Consent Managers; **burden of proof on Fiduciary (6(10))**

## Section 6. Consent

(1) The consent given by the Data Principal shall be free, specific, informed, unconditional and
unambiguous with a clear affirmative action, and shall signify an agreement to the processing of
her personal data for the specified purpose and be limited to such personal data as is necessary
for such specified purpose.

> **Illustration.** X, an individual, downloads Y, a telemedicine app. Y requests the consent of X
> for (i) the processing of her personal data for making available telemedicine services, and
> (ii) accessing her mobile phone contact list, and X signifies her consent to both. Since phone
> contact list is not necessary for making available telemedicine services, her consent shall be
> limited to the processing of her personal data for making available telemedicine services.

(2) Any part of consent referred in sub-section (1) which constitutes an infringement of the
provisions of this Act or the rules made thereunder or any other law for the time being in force
shall be invalid to the extent of such infringement.

> **Illustration.** X, an individual, buys an insurance policy using the mobile app or website of
> Y, an insurer. She gives to Y her consent for (i) the processing of her personal data by Y for
> the purpose of issuing the policy, and (ii) waiving her right to file a complaint to the Data
> Protection Board of India. Part (ii) of the consent, relating to waiver of her right to file a
> complaint, shall be invalid.

(3) Every request for consent under the provisions of this Act or the rules made thereunder shall
be presented to the Data Principal in a clear and plain language, giving her the option to access
such request in English or any language specified in the Eighth Schedule to the Constitution and
providing the contact details of a Data Protection Officer, where applicable, or of any other
person authorised by the Data Fiduciary to respond to any communication from the Data Principal
for the purpose of exercise of her rights under the provisions of this Act.

(4) Where consent given by the Data Principal is the basis of processing of personal data, such
Data Principal shall have the right to withdraw her consent at any time, with the ease of doing so
being comparable to the ease with which such consent was given.

(5) The consequences of the withdrawal referred to in sub-section (4) shall be borne by the Data
Principal, and such withdrawal shall not affect the legality of processing of the personal data
based on consent before its withdrawal.

> **Illustration.** X, an individual, is the user of an online shopping app or website operated by
> Y, an e-commerce service provider. X consents to the processing of her personal data by Y for the
> purpose of fulfilling her supply order and places an order for supply of a good while making
> payment for the same. If X withdraws her consent, Y may stop enabling X to use the app or website
> for placing orders, but may not stop the processing for supply of the goods already ordered and
> paid for by X.

(6) If a Data Principal withdraws her consent to the processing of personal data under
sub-section (5), the Data Fiduciary shall, within a reasonable time, cease and cause its Data
Processors to cease processing the personal data of such Data Principal unless such processing
without her consent is required or authorised under the provisions of this Act or the rules made
thereunder or any other law for the time being in force in India.

> **Illustration.** X, a telecom service provider, enters into a contract with Y, a Data Processor,
> for emailing telephone bills to the customers of X. Z, a customer of X, who had earlier given her
> consent to X for the processing of her personal data for emailing of bills, downloads the mobile
> app of X and opts to receive bills only on the app. X shall itself cease, and shall cause Y to
> cease, the processing of the personal data of Z for emailing bills.

(7) The Data Principal may give, manage, review or withdraw her consent to the Data Fiduciary
through a Consent Manager.

(8) The Consent Manager shall be accountable to the Data Principal and shall act on her behalf in
such manner and subject to such obligations as may be prescribed.

(9) Every Consent Manager shall be registered with the Board in such manner and subject to such
technical, operational, financial and other conditions as may be prescribed.

(10) Where a consent given by the Data Principal is the basis of processing of personal data and a
question arises in this regard in a proceeding, the Data Fiduciary shall be obliged to prove that a
notice was given by her to the Data Principal and consent was given by such Data Principal to the
Data Fiduciary in accordance with the provisions of this Act and the rules made thereunder.