If your D2C brand sends promotional messages via WhatsApp, SMS, or email, you need to verify that your consent collection is DPDPA-compliant. Implied consent from a past purchase is no longer a reliable basis for marketing.
India's D2C ecosystem is heavily reliant on WhatsApp marketing, SMS retargeting, and email flows. Most brands use a customer's purchase history as implied permission to market to them. DPDPA's consent framework challenges this. Going forward, marketing communications require specific, informed consent that is separate from transactional consent.
D2C brands will need to redesign their checkout flows to separate transactional and marketing consent. Existing customer databases may need re-consent campaigns. Marketing automation workflows must include consent verification before sending. Third-party tool disclosures must be added to Privacy Notices.
A customer placing an order on your website gives consent for order fulfilment — shipping updates, payment confirmations, return processing. That consent does not automatically extend to promotional messages, loyalty programme nudges, or retargeting campaigns. Under DPDPA, each of these purposes requires separate consent. Brands using Meta's WhatsApp Business API, for example, must ensure their opt-in flows meet DPDPA requirements in addition to Meta's own policies. Brands using third-party analytics tools (Meta Pixel, Google Analytics, Clevertap, WebEngage) that process personal data must also disclose this in their Privacy Notice.
Separate marketing consent from order/transaction consent at checkout
Audit your WhatsApp opt-in and opt-out flows
Update your Privacy Notice to disclose third-party analytics tools
Build an unsubscribe mechanism for every marketing channel
Verify that your CRM tags consented vs non-consented customers
Run a consent refresh campaign for your existing subscriber list
Set up consent withdrawal processing so that processing ceases within a reasonable time (Section 6(6))
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