Everyday data usage to be reshaped via MeitY's CMS Guidelines
In a significant step towards strengthening data privacy laws, the Ministry of Electronics and Information Technology (MeitY) in India has released a Business Requirements Document (BRD) for Consent Management Systems (CMS). These systems, also known as Consent Management Platforms (CMP), are becoming increasingly popular and essential tools for companies, especially in jurisdictions with stringent data privacy regulations.
The CMS, as defined in the BRD for India's Digital Personal Data Protection Act (DPDP) 2023, function as comprehensive platforms managing the entire lifecycle of user consent related to personal data. They ensure compliance with legal mandates by enabling data principals (individuals) to provide, monitor, modify, renew, and withdraw consent seamlessly through accessible and intuitive digital dashboards.
The CMS track consent at all stages, making it traceable and auditable to ensure lawful processing under the DPDP Act. The system supports mechanisms for grievance redressal and monitoring compliance through designated Data Protection Officers (DPOs).
Key functionalities and requirements of the CMS include end-to-end consent lifecycle management, user empowerment and transparency, stakeholder roles, technical and legal framework, and additional considerations. The CMS framework also factors in stricter consent requirements for children's data, including verifiable parental consent and restrictions on targeted advertising or behavioural nudging for minors.
In real-world application, organisations must integrate such CMS tools and potentially consult registered Consent Managers to coordinate consent processes at scale, ensuring compliance across different services and platforms. The BRD aims to operationalize the DPDP Act’s principles by providing a standardized structure that supports transparency, user control, and legal accountability in managing personal data consent in India.
The user dashboard includes a robust cookie management system for managing preferences for analytics, personalisation, or advertisements. Real-time alerts are proposed to be dispatched between all stakeholders whenever a consent event occurs. The CMS can track expiry periods and automate necessary workflows for consent renewal.
Administrative tools are envisioned within the CMS for administrators to designate user roles, manage access permissions, and set data retention rules. Consent collection in e-commerce platforms requires explicit requests before personalising user experiences or engaging in retargeting advertisements.
The CMS framework proposed by MeitY offers a comprehensive blueprint for businesses to adequately align their data practices with the core philosophies of the DPDP Act. Thus, CMS under the BRD function as critical systems that uphold individual privacy rights while enabling compliant data processing by fiduciaries, facilitated through neutral intermediaries and supported by technical and procedural safeguards mandated by the DPDP Act, 2023.
Technology and data-and-cloud-computing play crucial roles in the function and development of Consent Management Systems (CMS), a critical tool for businesses in jurisdictions with strict data privacy regulations. These systems leverage technology to provide user-friendly digital dashboards that manage consent-related personal data, ensuring compliance with legal mandates and offering features such as cookie management, grievance redressal, and consent tracking, all facilitated by the DPDP Act, 2023.
