Ready to use legal template

Drafted by experienced lawyers

Compliant with Indian law

Ready to use legal template

Drafted by lawyers

Compliant with Indian law

HomeIntellectual propertyCookie Consent

Learn more about Website Cookie Consent in India

Cookie Consent plays a vital role in ensuring the protection of user privacy and complying with data protection regulations in India. In today’s digital landscape, websites often use cookies to collect user information and personalize their browsing experience. However, to respect user privacy, businesses must obtain proper consent before deploying cookies on their websites.

In India, the legal requirements for Cookie Consent are governed by data protection laws and regulations such as the Personal Data Protection Bill. Websites operating in India must provide clear and transparent information about the types of cookies used, their purpose, and the data collected. They must also obtain explicit consent from users before setting cookies, and provide mechanisms for users to easily manage and withdraw their consent.

Table of contents


What is Cookie Consent and why is it important?

Cookie Consent is the acknowledgment and permission sought from website users regarding the use of cookies, which are small text files stored on users’ devices by websites they visit. These cookies serve various purposes, such as enhancing website functionality, analyzing user behavior, and delivering personalized content. Cookie Consent is important for websites because it ensures transparency, user control, and compliance with privacy regulations.

Transparency is essential as it allows users to be informed about the types of cookies being used, their purpose, and the data collected. By obtaining users’ consent, websites respect their privacy choices and provide them with control over their online experiences. Cookie Consent also helps websites comply with data protection laws, such as the General Data Protection Regulation (GDPR) in the European Union and similar legislation in India.

Obtaining proper Cookie Consent demonstrates a website’s commitment to user privacy and data protection. It helps build trust and confidence among users, who are increasingly concerned about their online privacy. By implementing Cookie Consent mechanisms, websites prioritize user rights and empower individuals to make informed decisions about their personal information.

Furthermore, Cookie Consent plays a crucial role in maintaining regulatory compliance. Many countries, including India, have specific legal requirements regarding the use of cookies and obtaining user consent. Websites that fail to comply with these regulations may face legal consequences, including fines and reputational damage.

Overall, Cookie Consent is important for websites because it promotes transparency, user control, regulatory compliance, and trust. It allows websites to strike a balance between providing personalized experiences and respecting user privacy, creating a safer and more user-centric online environment.

What are cookies and how do they impact user privacy?

Cookies are small text files that are placed on a user’s device when they visit a website. They serve various purposes, such as remembering user preferences, improving website functionality, and tracking user behavior. However, cookies can also impact user privacy.

Cookies can collect and store information about users, including their browsing habits, preferences, and personal data. This data can be used by website owners and third-party advertisers for targeted advertising, user profiling, and analytics purposes. While some cookies are necessary for the proper functioning of websites, others may be used for tracking users across multiple websites.

The impact on user privacy depends on the type of cookies and how they are used. First-party cookies, placed by the website itself, generally have less impact on privacy as they are limited to that specific website. However, third-party cookies, placed by external services or advertisers, can track users across multiple websites, potentially building a detailed profile of their online activities.

This tracking aspect raises concerns about user privacy. Users may feel that their online behavior is being monitored without their consent, leading to a loss of control over their personal information. Additionally, the collection and storage of sensitive data through cookies can increase the risk of unauthorized access or data breaches.

To address these concerns, cookie regulations, such as the GDPR in the European Union, require websites to obtain user consent for the use of non-essential cookies. Users should be informed about the types of cookies used, their purpose, and given the option to opt out if desired. This empowers users to make informed decisions about their privacy and control how their data is collected and utilized.

What are the legal requirements for obtaining Cookie Consent?

In India, the legal requirements for obtaining cookie consent are governed by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, which fall under the Information Technology Act, 2000. While specific regulations solely focused on cookies may not exist, the general principles of data protection and privacy apply.

Websites in India should provide clear and comprehensive information about the types of cookies used, their purpose, and any third parties involved. Users must be given the option to provide their explicit consent before cookies are placed on their devices, except for those that are strictly necessary for the functioning of the website. The consent should be obtained through an affirmative action, such as clicking an “Accept” button or adjusting cookie settings.

Additionally, websites must provide users with the ability to manage their cookie preferences and withdraw their consent at any time. This can be done by offering a cookie banner or pop-up that allows users to customize their cookie settings or provide a mechanism to opt out of non-essential cookies.

It’s important for websites to maintain records of user consent, including the date, time, and information provided to users. Regular audits and reviews should be conducted to ensure compliance with applicable laws and regulations.

How can businesses ensure compliance with India's data protection laws?

To ensure compliance with India’s data protection laws when collecting user data through cookies, businesses can take several steps.

Firstly, they should clearly disclose their use of cookies, including the purpose and types of cookies involved, in their Cookie Consent notice or Privacy Policy. This information should be easily accessible and understandable to users.

Secondly, businesses should obtain explicit consent from users before placing non-essential cookies on their devices. This can be done through a prominent and granular Cookie Consent banner or pop-up that allows users to provide or withhold consent for different types of cookies.

Additionally, businesses should provide users with the ability to manage their cookie preferences, allowing them to choose which cookies they want to enable or disable. This can be achieved by offering a cookie settings page or an option to withdraw consent at any time.

Furthermore, businesses should implement appropriate security measures to protect the collected user data, ensuring its confidentiality and integrity. This involves adopting industry-standard practices for data protection, encryption, access controls, and regular security audits.

Lastly, businesses should regularly review and update their Cookie Consent mechanisms and practices to stay compliant with evolving data protection laws in India. They should stay informed about any changes in regulations and adjust their cookie practices accordingly.

By following these guidelines, businesses can demonstrate their commitment to user privacy and data protection while ensuring compliance with India’s data protection laws when collecting user data through cookies.

What information should a Cookie Consent notice include?

A Cookie Consent notice or banner should include specific information to ensure transparency and provide users with clear details about the use of cookies on a website. The following information should be included: 

Explanation of Cookies: Provide a brief explanation of what cookies are and how they are used on the website. 

Purpose of Cookies: Clearly state the purpose for which cookies are used, such as website functionality, analytics, advertising, or social media integration. 

Types of Cookies: Specify the types of cookies used, including essential cookies necessary for the website’s operation and non-essential cookies for additional functionalities. 

Cookie Duration: Indicate the lifespan or duration of the cookies, whether they are session-based (deleted when the user closes the browser) or persistent (stored for a specific period). 

Third-Party Cookies: If third-party cookies are utilized, disclose the third-party services or providers involved and provide a link to their respective privacy policies. 

Cookie Settings: Provide users with the ability to manage their cookie preferences. Offer options to accept or decline specific types of cookies or provide granular consent options.

Withdrawal of Consent: Inform users about their right to withdraw cookie consent at any time and provide clear instructions on how to do so. is prudent to discuss a warning letter in a formal setting, such as a conference room, or your supervisor’s office, and never in public places such as restaurants or company cafeterias.

Link to Privacy Policy: Include a link to the website’s Privacy Policy, which provides comprehensive information about data collection, processing, and user rights.

By including this information in the Cookie Consent notice or banner, businesses can effectively communicate their cookie practices to users and empower them to make informed choices about their privacy preferences.

How can users give or withdraw their consent for cookies?

Users should have the ability to give or withdraw their consent for cookies easily and conveniently. Here are some common methods for obtaining and withdrawing cookie consent:

1. Cookie Consent Banner: Implement a cookie consent banner or pop-up on the website’s landing page. This banner should provide a clear message about the use of cookies and include options for users to accept or decline cookies.

2. Granular Consent Options: Offer granular consent options that allow users to choose which types of cookies they consent to. This can include categories such as essential, analytics, advertising, and social media cookies.

3. Cookie Settings or Preferences: Provide a dedicated cookie settings or preferences page where users can manage their cookie preferences. This page should allow users to enable or disable specific types of cookies and provide clear instructions on how to save their preferences.

4. Cookie Management Tools: Offer cookie management tools or plugins that give users control over their cookie settings. These tools can allow users to view and manage their consent choices, delete cookies, or opt out of certain types of tracking.

5.Withdrawal of Consent: Clearly communicate to users that they have the right to withdraw their consent for cookies at any time. Provide a prominent link or button for users to easily access the cookie consent settings and withdraw their consent.

It’s important for businesses to make the process of giving or withdrawing consent as simple and user-friendly as possible. By providing clear options and transparent information, businesses can respect user preferences and ensure compliance with cookie consent requirements.

Cookie ConsentDrafting

Ask our labour experts to draw up your own tailor-made contract

CONTACT US

Share information

Why Themis Partner ?

Make documents forhundreds of purposes

Hundreds of documents

Instant access to our entire library of documents for India.

24/7 legal support

Free legal advice from our network of qualified lawyers.

Easily customized

Editable Word documents, unlimited revisions and copies.

Legal and Reliable

Documents written by lawyers that you can use with confidence.

DOWNLOAD NOW