Cookies & Digital Marketing

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Cookies & Digital Marketing5 min read

Marketing Consent Under DPDP: The Rules for Email, SMS and WhatsApp

Under the DPDP Act, direct marketing to individuals generally needs consent: there is no legitimate interests ground, and data given for an order does not cover promotions. Consent must be specific to the channel and purpose, preceded by a notice, and as easy to withdraw as to give. Purchased and scraped lists are high-risk. TRAI's commercial communication rules still apply to SMS and calls. Existing databases need a notice and a consent check before May 2027.

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Cookies & Digital Marketing6 min read

Cookie Consent in India: Do You Need a Banner Under DPDP?

The DPDP Act does not mention cookies. But cookies and trackers that collect identifiers linked to a person process personal data, so they need a lawful basis, and for analytics, advertising and most third-party tags that means consent. MeitY's non-binding consent management guidance from June 2025 expects a cookie banner with granular, category-level choices, logs and easy withdrawal. In practice, if your site runs non-essential tracking, you need a banner that meets the DPDP consent standard.

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