One of the fundamental principles of using data is obtaining consent from individuals. For consent to be legally valid, businesses must ensure that individuals receive clear information, make their decisions freely, and provide explicit and unambiguous agreement. Understanding how consent operates throughout its entire lifecycle is crucial, especially with the introduction of laws like the Digital Personal Data Protection Act, 2023.
What Makes Consent Valid?
For consent to be valid, it must meet three essential conditions:
- Informed Consent: The person must review all necessary information about how their data will be used. A Consent Notice clearly explains what actions will take place, what data will be used, and who will be involved.
- Freely Given Consent: The individual must not feel pressured or forced into giving their consent. They should be able to choose freely, knowing they can withdraw it anytime.
- Unambiguous Consent: The person must clearly agree to the processing of their data. The method of obtaining consent should be clear and straightforward. It shouldn’t leave any room for doubt.
Steps in the Lifecycle of Consent
The lifecycle of consent consists of several key stages, ensuring that organizations handle data responsibly and maintain compliance with privacy regulations. Here’s a structured breakdown:
1. Consent Notice
The process begins when an organization presents a Consent Notice to the individual. This notice explains how, why, and by whom the organization will process personal data. It describes the outcomes if the individual provides consent, including the specific purposes for collecting the data, whether third parties will participate, and how long the organization will store the data.
A well-structured Consent Notice should include:
- The purpose of data collection
- The type of data being collected
- Who will process the data and for how long
- The individual’s rights, including withdrawal options
2. Granting or Refusing Consent
Once the individual reviews the Consent Notice, they must actively decide whether to grant or refuse consent.
- If they give consent → Their data will be processed under the terms outlined in the notice.
- If they refuse → The organization must not collect or process their data in any way.
Organizations must ensure that refusing consent does not result in any negative impact on the individual. For example, a user declining marketing emails should still be able to access the core services of a platform.
3. Re-confirming or Re-affirming Consent
Consent is not a one-time event. In many cases, organizations need to re-confirm or re-affirm consent to ensure its validity. This is necessary when:
- The data processing purpose changes (e.g., an organization plans to use the data for a new purpose).
- The data retention period expires, requiring fresh consent.
- Regulatory requirements demand periodic re-confirmation to ensure compliance.
By periodically re-confirming consent, organizations reinforce user awareness and maintain transparency over data usage.
4. Withdrawal of Consent
One of the fundamental rights in data protection laws is the ability to withdraw consent at any time. If an individual changes their mind, they must have an easy and accessible way to withdraw consent, stopping further data processing.
Once consent is withdrawn, organizations must:
- Immediately halt all data processing activities related to that consent.
- Delete or anonymize the data, unless legal obligations require retention.
- Notify third parties (if data was shared) to stop processing the data as well.
This stage emphasizes the principle of user control, ensuring that individuals can change their decisions without restrictions.
5. Expiry of Consent
Consent is often time-bound and remains valid only for a specific period. When consent reaches its expiry date:
- The organization must stop processing the data unless it secures fresh consent.
- The individual must be notified about the expiration and given a chance to renew consent if they wish.
The validity period of consent should be clearly defined in the Consent Notice, ensuring that users know when their consent will expire.
6. Termination of Consent
The organization or a regulatory authority may also terminate consent. This can occur if:
- A legal body, such as a court or data protection authority, declares the consent invalid.
- The individual was not properly informed, rendering their consent legally unenforceable.
- The organization failed to meet the necessary standards for obtaining valid consent.
When terminating consent, the organization must immediately stop processing data and ensure it complies with regulatory requirements.
Why is the Lifecycle of Consent Important?
Understanding the lifecycle of consent is essential for organizations to:
- Demonstrate transparency and accountability, strengthening user trust.
- Stay compliant with data protection laws such as the Digital Personal Data Protection Act, 2023.
- Maintain detailed records of consent history, including how and when consent was obtained, renewed, or withdrawn.
Ready to ensure your organization is fully compliant with the Digital Personal Data Protection Act (DPDPA), 2023? Get in touch with Concur – Consent Manager today! Our comprehensive solution simplifies consent management, helping you meet all regulatory requirements effortlessly. Whether you’re looking to streamline your consent processes or enhance data privacy operations, we’re here to guide you every step of the way. Contact us now and start your journey towards seamless DPDPA compliance.
