Alerts & Updates 3rd Mar 2026

Your contract is not a consent form: DPDP Act and the deliberate rejection of contractual necessity

Authors

Abhay JoshiPartner | New Delhi | Noida
Ketki AgrawalPrincipal Associate | New Delhi | Noida

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ELP data protection primer series – Your contract is not a consent form: DPDP Act and the deliberate rejection of contractual necessity

We are resuming our data protection primer series and, starting today, will bring you a fresh, insightful article every Tuesday. Each week, we’ll break down key developments, practical implications, and expert guidance on India’s evolving data protection landscape, helping businesses stay informed, compliant, and ahead of the curve.

This week, we explore why contracts are not a substitute for consent under India’s Digital Personal Data Protection Act, 2023. Businesses can no longer rely on commercial agreements alone to process personal data but will have to focus on consent-first systems and purpose-specific permissions. Read our full article here to understand what this means for data flows, compliance design, and regulatory readiness in India’s consent-driven data landscape.

Read the update here

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