Lesson 4.1: Grounds for processing: consent or legitimate use
Before you collect anything, name the legal ground. The Act allows only two routes. This DPDPA 2023 course page explains consent or legitimate use in plain language.
What you will learn about consent or legitimate use
- Name the two grounds
- Choose the right ground for a purpose
- Avoid stretching the legitimate uses
Section 4 (consent or legitimate use)
A person may process personal data only for a lawful purpose, and only (a) with the consent of the Data Principal, or (b) for certain legitimate uses. There is no general legitimate-interest ground as in GDPR.
Choosing your ground: click each
Select a numbered box to read more.
Ground by example (consent or legitimate use)
| Activity | Ground |
|---|---|
| Newsletter | Consent |
| Delivering an order the customer placed | Voluntary provision (legitimate use) |
| Payroll for employees | Employment (legitimate use) |
| Tax records | Legal obligation |
| Targeted ads | Consent |
| Selling a customer list | Consent, specific to that sale |
Worked example
A cafe asks for a phone number to send an order-ready SMS. That is a voluntary provision for a stated purpose. Using the same number for ads needs fresh consent.
Activity (5 minutes) (consent or legitimate use)
For five purposes in your business, write the ground you rely on.
Check your understanding of consent or legitimate use
Q1. How many grounds does Section 4 allow?
Q2. Is there a general legitimate interest ground?
Q3. Ads based on a delivery phone number need:
Educational material for learning purposes, not legal advice. Check the official text of the DPDP Act, 2023, the DPDP Rules, 2025 and MeitY notifications for the latest position.
