For Marketing Agencies

Lead lists, consent and ad rules for marketing agencies.

TRAI's do-not-disturb (DND) rules for promotional calls and texts apply now. Most DPDP duties start on 13 May 2027. Plan for both.

Educational only · not legal adviceLast updated: 5 October 2026Written and edited by Sandesh Kokate

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What applies to you

Priority order: (1) Law, now — follow TRAI DND rules for promotional calls and texts; (2) Law, from 13 May 2027 — only use personal data with valid consent for your purpose (Section 6); (3) Law, from 13 May 2027 — no targeted ads at children (Section 9(3)); (4) Good practice — make cookie choices granular and opt-in; (5) Good practice — answer platform AI-content prompts truthfully; (6) Good practice — sign data agreements with clients.

What matters most for you

DPDP Act Section 6 — consent DPDP Act Section 9 — children's advertising prohibition TRAI — TCCCP Regulations (DND)G.S.R. 843(E) — phased commencement

Common situations

Client gives you a lead list

Law, from 13 May 2027: you need a valid basis, usually consent, for your own use (Section 6). Good practice: ask the client for proof of how the consent was collected.

Running ads targeting under-18 users

Law, from 13 May 2027: Section 9(3) bans targeted advertising at children (under 18).

Cookie banner design

Good practice: offer separate choices (essential, analytics, advertising), opt-in, never pre-ticked. The DPDP Act does not mention cookies by name.

AI-generated marketing content

Law: the 2026 IT Rules put labelling duties on platforms, and large platforms must ask users to declare realistic AI-made audio or video (Rule 4(1A)). Good practice: answer those prompts truthfully.