Your go-to hub for Expert Insights,
Publications, and Resources on
data privacy and compliance

The Ministry of Electronics and Information Technology (MeitY) has released a comprehensive Business Requirements Document outlining the design and implementation of a real-time Consent Management System (CMS) under the Digital Personal Data Protection (DPDP) Act, 2023. This forward-looking proposal mandates that organizations must verify the validity of user consent through live API-based checks before processing any personal data. The initiative represents a fundamental shift in India’s data privacy enforcement strategy—from static, one-time opt-ins to dynamic, purpose-specific validations.

Under the proposed framework, each data processing activity must have its own separate consent, eliminating the long-standing practices of bundled, blanket, or implied consent. Data fiduciaries will be obligated to ensure that consent is not only voluntarily given, but is also fully informed, specific to a purpose, and based on a clear affirmative action by the user. This move is expected to drastically improve transparency in data handling and restore control to the individual—referred to as the Data Principal under the DPDP Act.

A core component of the CMS is the creation of an immutable, real-time audit trail. Every consent action—whether granted, withdrawn, updated, or expired—must be logged and timestamped in a non-editable format. This ensures regulatory traceability and empowers both users and authorities to monitor how data consent is granted and used. Such audit logs are not merely records but critical compliance artifacts that must be maintained in accordance with the DPDP Act’s accountability principles.

To facilitate user empowerment, the CMS will include a dedicated dashboard interface, through which individuals can seamlessly view all active consents, revoke them at will, update preferences, and exercise their statutory rights—such as data correction, deletion, and access requests. The dashboard will also serve as a gateway for grievance redressal, reducing user friction and enhancing trust in digital ecosystems.

Moreover, the CMS architecture emphasizes interoperability, multilingual accessibility, and real-time operability. It is designed to function across diverse platforms and service providers, ensuring that Data Principals receive a consistent and transparent experience regardless of the application or service they use. The inclusion of accessibility and language support is also aligned with India's inclusive digital growth vision under the Digital India initiative.

Crucially, this framework calls for the separation of roles: consent managers must operate independently from data fiduciaries and will be restricted from accessing personal data beyond what is required for consent facilitation. This design prevents conflicts of interest and builds a neutral trust infrastructure for users to interact with.

In addition, industry stakeholders—including major tech companies, financial institutions, and civil society organizations—have been invited to submit feedback on the proposed framework. Public consultations are helping shape detailed operational guidelines, especially around child data protection, cross-border data flows, and breach reporting.

If implemented as described, this real-time consent model will bring Indian data privacy enforcement closer to international benchmarks such as the EU’s General Data Protection Regulation (GDPR), while addressing India-specific challenges. The introduction of dynamic consent, granular control, and API-based automation signals a new era of proactive, transparent, and user-centric data governance in the country.

For organizations, this shift will necessitate a complete overhaul of existing consent mechanisms, IT infrastructure integration for API-based consent validation, and a culture of continuous compliance. Companies that adapt early will not only ensure compliance but also gain user trust in an increasingly privacy-aware digital economy.