What DPDPA 2023 means for WhatsApp marketing in India
India's Digital Personal Data Protection Act was passed in August 2023 with enforcement phased in progressively. For WhatsApp marketing, three sections are most directly relevant. Section 6 requires that consent be free, specific, informed, and unambiguous — which means a pre-ticked checkbox on a lead form or an implicit assumption that giving a phone number equals marketing consent does not satisfy the requirement. Section 8 requires that data be accurate and used only for the purpose it was collected for. Section 17 gives individuals the right to request erasure or correction of their data.
The practical implication for WhatsApp marketing is clear: you cannot send broadcast messages to a lead who enquired about your product but did not explicitly consent to receiving marketing communication. Penalties under DPDPA can reach Rs.250 crore for serious violations, enforced by the Data Protection Board. The right approach is to capture explicit marketing consent at the point of lead collection — include a clearly labelled WhatsApp marketing opt-in checkbox on web forms, landing pages, and click-to-WhatsApp flows. Review our privacy policy to understand how HelloGrowthCRM handles data as a platform.
