Understanding the Modern Role of a Consent Manager Under DPDPA and DPDP Rules 2025

Introduction

In today’s digitally-driven world, “consent” has become the backbone of user trust and data privacy. Organizations are required to diligently obtain, manage, and verify user consent in line with evolving privacy regulations. One such critical regulation is the Data Protection and Data Privacy Act (DPDPA), supplemented by the DPDP Rules 2025. Specifically, Section 6 of the DPDPA and Rule 4 read along with Schedule 1 of these rules shed light on the pivotal role of a “Consent Manager.”

If you’re a business owner, a data controller, or simply curious about data protection frameworks, this blog will walk you through:

• Who is a Consent Manager?
• Core responsibilities and liabilities under Section 6 of the DPDPA.
• Indemnities and possible insecurities they might face.
• Technological enablers and best practices for a Consent Manager.

For more detailed readings, you can always refer to the full text of the legislation on www.dpdpa.com.

1. Who is a Consent Manager?

In simple terms, a Consent Manager is the individual or entity tasked with overseeing how organizations obtain, store, track, and manage user consent. Think of them as the “gatekeeper” who ensures that all data processing activities have the required consent, and that such consent is valid, informed, and revocable at any time.

Under Rule 4 of the DPDP Rules 2025, a Consent Manager can be:

• An internal officer within an organization, such as a Data Protection Officer (DPO) or a similar compliance professional.
• An external service provider, often specialized in privacy compliance tools and frameworks.

2. Core Responsibilities and Liabilities Under Section 6 of the DPDPA

Section 6 of the DPDPA lays out the ground rules for how consent must be obtained and maintained. From a Consent Manager’s perspective, the key responsibilities include:

1. Ensuring Valid Consent
   Consent should be voluntary, informed, specific, clear, and capable of being withdrawn. The Consent Manager must implement clear language and transparent information notices.
2. Regular Audit and Compliance Checks
   Maintain audit logs of consent obtainment, updates, and withdrawals. Periodically assess if consent mechanisms are still valid and align with the latest legal requirements.
3. Data Subject Rights Fulfilment
   Facilitate user rights such as data access, rectification, and erasure requests. Provide easy tools or interfaces to update or withdraw consent.
4. Safety and Security of Consent Data
   Protect consent-related data (like timestamps, user IDs, etc.) from unauthorized access or breaches. Implement strong encryption, access controls, and regular vulnerability assessments.

Liability Under Section 6:
Failure to comply with these provisions may result in penalties, civil liabilities, or even criminal sanctions (in extreme cases of negligence or intentional misuse). The DPDPA prescribes that if an organization is found in breach of consent obligations, the Consent Manager (or any official functioning in that capacity) may be held personally liable if they acted outside the scope of their duties or were grossly negligent.

3. Indemnities and Potential Insecurities

3.1 Indemnities

• Organization-Indemnified Protection
  Consent Managers often operate under indemnity clauses provided by their employers or clients. Essentially, the organization agrees to cover legal costs or damages if the Consent Manager is sued in connection with their official duties.
• Professional Liability Insurance
  Many Consent Managers seek specialized insurance policies that cover them in data privacy and compliance matters. Check with your insurer if you’re exploring this option.
• Contractual Indemnity Provisions
  In cases where Consent Managers are external consultants, contracts typically detail indemnification clauses protecting them from direct liability, provided they acted within contractual guidelines and performed due diligence.

3.2 Potential Insecurities

• Evolving Regulatory Landscape
  Privacy laws are dynamic. A Consent Manager might feel insecure about whether their consent processes meet the newest standards. Ongoing professional development and monitoring of amendments to DPDPA and DPDP Rules 2025 are crucial.
• Technological Complexities
  Integrating consent collection across multiple platforms (websites, mobile apps, IoT devices) can be technically challenging and might lead to inadvertent non-compliance if not done correctly.
• Reputational Damage
  A Consent Manager’s reputation could be on the line if a major data breach or compliance failure happens under their watch, even if they weren’t directly at fault.
• Cross-Border Data Transfers
  International data transfers add another layer of complexity. The Consent Manager must ensure compliance with other relevant jurisdictions’ regulations, increasing the risk of oversight or error.

4. Technological Enablers and Best Practices

Schedule 1 of the DPDP Rules 2025 provides guidelines on adopting technologies for robust consent management. Below are some recommended solutions and best practices:

1. Centralized Consent Management Platforms
   Implement a unified dashboard to track consents from various sources. Automate record-keeping and generate audit trails for compliance checks.
2. Encryption and Tokenization
   Protect consent records using robust encryption. Tokenize user IDs to prevent direct exposure of personal data.
3. Granular Consent Tools
   Enable data subjects to provide consent at different levels (e.g., marketing emails, analytics tracking, location services). Allow real-time withdrawal or modification of consent with easy-to-use interfaces.
4. Automated Workflow Integrations
   Integrate with CRM, ERP, and marketing automation tools, so consent status is always up-to-date. Prevent unauthorized data processing by instantly revoking permissions in downstream systems when consent is withdrawn.
5. Regular Training and Audits
   Train staff on data privacy obligations and the significance of obtaining valid consent. Conduct internal audits and vulnerability tests at least twice a year.

5. Who cannot be consent managers

Consent managers cannot belong to the same organisation or group entity (such as a subsidiary, parent company, or sister concern of a Data Fiduciary) as an existing data fiduciary to avoid conflicts of interest. Consent managers must remain "data blind" except for consent-gathering purposes, meaning they cannot process or use the personal data of the Data Principal except for the limited purpose of managing and recording consent.
This ensures:
• They have no access to the actual personal data being processed by the Data Fiduciary.
• They do not use or share personal data for secondary purposes such as profiling or marketing.

Conclusion

The Consent Manager is undeniably a key player in safeguarding user privacy and ensuring compliance with the DPDPA (Section 6) and DPDP Rules 2025 (Rule 4 & Schedule 1). Their role extends beyond merely ticking boxes; it involves constant vigilance, technological expertise, and a nuanced understanding of legal liabilities and indemnities.

Whether you’re stepping into the role of a Consent Manager or looking to hire one, consider the evolving nature of data privacy. Keep abreast of regulatory changes on www.dpdpa.com, invest in robust compliance tools, and ensure you have well-structured indemnity protections in place. With the right mix of legal safeguards, technological infrastructure, and continuous learning, Consent Managers can confidently navigate this complex landscape—protecting both their organization and the privacy rights of individuals.

References

1. Data Protection and Data Privacy Act (DPDPA) – Section 6
2. DPDP Rules 2025 – Rule 4 & Schedule 1
3. Official Faq's on DPDPA and DPDP Rules – www.dpdpa.com/FAQ's

Reaching Author : Email - info@cyberlawconsulting.com | Know more about the Author on www.prashantmali.com

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