- Evidence we read
- On the home page and the product pages we read, a Google Analytics tag and a Meta pixel executed on first load. No consent banner appeared, and no cookie preference was stored before the trackers fired.
- Applicable requirement
- DPDP Act, 2023 — sections 4 to 7 (lawful basis and consent); IT Act s.43A read with the SPDI Rules, 2011.
- Why it matters
- Where tracking is not necessary for the service, setting it before consent means personal data is processed without a lawful basis, and there is no record you could show a regulator.
- Recommended action
- Block non-essential tags until the visitor accepts. Present a consent notice with equally prominent accept and reject options, keep a timestamped record of each choice, and allow withdrawal as easily as consent was given.