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Glossary

What is deemed consent under DPDP?

Deemed consent appeared in the 2022 draft Bill. It is not part of the enacted DPDP Act, 2023.

Updated 4 Nov 2026

Definition

Deemed consent is not a concept in the enacted DPDP Act, 2023. The 2022 draft Bill had a “deemed consent” clause; the 2023 Act replaced it with “certain legitimate uses” in s.7. Under s.4, processing without consent is lawful only for a legitimate use listed in s.7.

What it means

Older articles still use the phrase deemed consent. Under the enacted Act, the question to ask is whether your processing fits one of the legitimate uses in s.7.

If it does not, you need consent that meets s.6, given against a notice under s.5. See consent under section 6.

Where it appears in the Act and Rules

SourceWhat it says
2022 draft BillHad a deemed consent clause
s.4Process only with consent or for a legitimate use
s.6The consent standard
s.7Certain legitimate uses, listed in clauses (a) to (i), which replaced deemed consent

Common misconceptions

  • “Deemed consent is a DPDP ground.” It is not. Without consent under s.6, you need a legitimate use under s.7.
  • “Legitimate uses are deemed consent renamed.” They are a specific list in s.7, each with its own conditions. Read them with counsel.
  • “A legitimate interest test applies.” DPDP has no legitimate interest ground; s.4 allows consent or legitimate uses only.

In TruePrivacy

Where you rely on consent, consent management keeps a consent record per person and purpose with an event log. Records of processing list your processing activities in one exportable place, so you and counsel can review the ground for each.

Sources

  • Digital Personal Data Protection Act, 2023 (Act No. 22 of 2023)

Updated 4 Nov 2026. Educational information, not legal advice.

Questions, answered

Educational, not legal advice.

All DPDP FAQs
Is deemed consent part of the DPDP Act?

No. The 2022 draft Bill had a deemed consent clause, but the enacted 2023 Act replaced it with certain legitimate uses in s.7.

What replaced deemed consent?

Section 7, “certain legitimate uses”. Examples include data a Data Principal voluntarily provided for a specified purpose without saying she does not consent, a medical emergency, and employment purposes.

Can I rely on deemed consent for employee data?

No. Look at s.7(i), which covers processing for employment purposes or to safeguard the employer from loss or liability, and check its scope with counsel.

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