THE LEGALITIES OF DATA SHARING AND USER CONSENT IN ONLINE PLATFORMS

This Article is written by Ekta Sunil More of University of Mumbai, an intern under Legal Vidhiya

ABSTRACT

As digital platforms become more common, the way personal information is collected, shared, and used has changed a lot. E-commerce, social media, and other online services now rely heavily on personal data to improve ads, services, and user experiences. However, the sharing of this data raises concerns about privacy, security, and control over personal information. This article looks at data sharing and user consent in the digital world, focusing on how they help protect privacy and ensure data is used responsibly.

Data sharing happens when companies, apps, or websites use people’s personal information for various reasons. For this to be fair and legal, companies must first get clear consent from users. True consent means that users understand what data is being collected, how it will be used, and that they can change their minds at any time. Laws like India’s Digital Personal Data Protection Act (DPDPA) 2023 and the European Union’s General Data Protection Regulation (GDPR) set out strict rules for how consent should be given.

The article discusses the growing concerns about data privacy and the challenges in making sure consent is properly given, especially in today’s connected world. It looks at the laws governing data sharing and consent, the difficulties companies face in following these rules, and the consequences of sharing data without permission. It also covers the risks of sharing data across borders and the need for simple and clear consent processes.

In the end, the article emphasizes that informed, voluntary consent and secure data sharing are essential for protecting personal information. It calls for ongoing improvements in laws, better understanding of consent by users, and better practices by companies to keep data safe and build trust. Protecting personal data is a shared responsibility between laws, governments, companies, and users, all working together for a safer and more transparent digital world.

Keywords

 Data Sharing, User Consent, Data Protection, Online Platforms, Privacy Laws, Digital Personal Data Protection Act, GDPR, Legal Frameworks.

INTRODUCTION

The exponential growth of online platforms has revolutionized the way individuals interact, transact, and access information. Social media, e-commerce, and various digital services collect vast amounts of personal data, often sharing it with third parties for targeted advertising, analytics, and other purposes. While such practices offer enhanced user experiences and business opportunities, they also pose significant risks to individual privacy and data security.

In the digital era, personal data has become one of the most valuable commodities, fueling innovations in advertising, marketing, and user experience. With every click, search, or interaction online, vast amounts of personal information—ranging from location and preferences to browsing habits—are collected, shared, and analyzed by various digital platforms. While this data-driven ecosystem provides enhanced services and personalized experiences, it also raises significant concerns regarding privacy, security, and control over one’s personal information. At the heart of this debate lies the concept of data sharing and user consent—two essential pillars that govern how personal information is handled in the digital realm.

Data sharing, the process of allowing companies, apps, and websites to access and utilize user data, is a common practice in today’s digital landscape. However, for this exchange of information to be ethical and legal, it must be accompanied by explicit user consent. True consent is more than just agreeing to a privacy policy or clicking “I agree”—it is about being fully informed, understanding how your data will be used, and having the freedom to accept or decline without pressure. Legal frameworks such as India’s Digital Personal Data Protection Act (DPDPA) of 2023 and the European Union’s General Data Protection Regulation (GDPR) have been introduced to regulate data sharing and ensure that users’ rights are respected.

This article explores the intricacies of data sharing and user consent, examining how these concepts are defined, the legal frameworks that govern them, and the challenges that arise in an increasingly interconnected digital world.

 UNDERSTANDING DATA SHARING AND USER CONSENT

In the digital world, data sharing means giving access to your personal information—like your name, location, interests, or online behavior—to other companies, apps, or websites. This is often done so businesses can understand your preferences, improve services, or show you targeted ads. For example, when you use a shopping app, your data might be shared with advertisers who want to show you similar products.

To make this sharing legal and fair, companies must first get your consent. User consent means you clearly agree to let them use your information. But this permission isn’t just about clicking “I agree” without reading—true consent should be:

Informed: You should know what data is being collected and how it will be used.

Specific: Consent must be taken for each purpose separately (e.g., marketing, analytics, etc.).

Freely given: You should not be forced to agree; it must be your choice.

Laws like India’s Digital Personal Data Protection Act (2023) and global laws like the GDPR (General Data Protection Regulation) require companies to respect these rules. They also give users the right to take back their consent anytime. If a company doesn’t follow these rules, it can face penalties or legal action.

So, understanding how your data is shared and giving permission wisely helps protect your privacy and ensures that companies handle your information responsibly.

THE RISE OF DATA PRIVACY CONCERNS

The rise of data privacy concerns is closely tied to the rapid growth of digital platforms and the widespread sharing of personal information online. Governments, businesses, and consumers are increasingly aware of the need to protect sensitive data. As a result, many countries have introduced data protection legislation, such as the Digital Personal Data Protection Act in India, to regulate how personal data is collected, used, and shared. However, issues such as unauthorized sharing and consent remain pressing challenges in achieving comprehensive data privacy protection. With global data-sharing practices growing, securing privacy remains a complex issue.

USER CONSENT A CORNERSTONE OF DATA PROTECTION

User consent is very important for keeping personal information safe in today’s digital world. The Digital Personal Data Protection Act, 2023, says that people must give clear and willing permission before their data is used, and they should be able to take back that permission anytime. This helps users stay in control of their own data. Getting proper consent is not just a legal rule, but also the right thing to do—especially online, where people often share personal details without realizing it. If companies don’t get consent, they can face legal trouble and lose people’s trust. That’s why they need good systems to manage consent and follow global rules, even as new technologies like AI grow. Around the world, consent is seen as a basic right, and protecting it helps create a safer digital space for everyone.

WHEN DATA SHARING BECOMES UNLAWFUL

Data sharing becomes illegal when it violates privacy rules, lacks user consent, or breaks data protection laws. For example, sharing personal data on social media without permission or transferring sensitive information without clear consent can go against both legal and ethical standards. The Digital Personal Data Protection Act of 2023 focuses on the importance of user consent and their right to control their data. Additionally, agreements like the India Data Sharing Agreement help ensure that data sharing follows legal and security guidelines.

LEGAL FRAMEWORKS GOVERNING DATA SHARING AND CONSENT

All over the world, laws are in place to make sure personal data is shared and used responsibly. In India, the Digital Personal Data Protection Act (DPDPA) 2023 says that companies must get clear and informed permission (called consent) from people before collecting or using their data. This consent must explain why the data is needed and how it will be used. The law also talks about Data Sharing Agreements—legal documents that ensure companies sharing data follow the rules. Users have important rights under DPDPA—they can see their data, correct it, delete it, or take back their consent anytime. A Data Protection Board has also been created to make sure the law is followed and to help users with complaints.

In Europe, the General Data Protection Regulation (GDPR) sets very high standards. It says companies need a clear reason, like consent, to use personal data. Consent must be freely given, specific, and clearly shown—like clicking an “I agree” button. GDPR also gives people the right to fix, delete, or limit the use of their data. Companies must keep records to prove they are following the law and check for risks by doing special reviews called impact assessments.

Around the world, most countries have some form of data protection law, according to the United Nations (UNCTAD). But not all countries have strong rules or ways to enforce them—especially in parts of Africa and Asia. This makes it harder for global companies to follow the same standards everywhere.

Even with these laws, there are problems. Many users don’t understand how their data will be used and agree without reading the details. Consent forms can be confusing, and it’s often hard to take back consent later. Also, if companies share data without proper consent or security, it can lead to data leaks or legal issues. Sharing data between countries can be risky, especially if the other country has weaker privacy laws.

To follow the law and keep user trust, companies should write clear privacy policies, use simple language in consent forms, and make it easy for users to manage their data—like viewing, editing, or deleting it. They should also regularly check for risks through Data Protection Impact Assessments (DPIAs) and stay updated with new laws. By doing all this, companies not only avoid legal trouble but also gain the trust of their users.

 CONCLUSION

The landscape of online data sharing and user consent is rapidly evolving, shaped by the increasing demand for digital services and the growing concerns around data privacy. As digital platforms continue to collect and share vast amounts of personal data, ensuring that users are informed, protected, and empowered with control over their data has become more critical than ever. Legal frameworks like India’s Digital Personal Data Protection Act (2023) and the European Union’s General Data Protection Regulation (GDPR) have set robust standards, emphasizing the importance of informed and voluntary consent, transparency, and accountability in data sharing practices.

Despite these advancements, challenges remain in enforcing these laws, particularly with regards to user comprehension of consent mechanisms, cross-border data sharing, and the complexities involved in maintaining data security. Companies must not only comply with legal requirements but also adopt ethical practices to protect user privacy, foster trust, and create a more secure digital ecosystem. Ensuring that consent is clear, informed, and easily revocable, and that data sharing occurs under stringent security measures, is paramount in upholding the rights of individuals.

Ultimately, the responsibility for protecting personal data does not rest solely on legal frameworks but requires the concerted efforts of governments, organizations, and users. By continuing to evolve legal standards, simplifying consent processes, and prioritizing data security, society can navigate the complexities of the digital age while safeguarding individual privacy and fostering a more transparent and ethical digital future. In an era dominated by digital interactions, protecting personal data and respecting user consent have become more important than ever. Legal frameworks like India’s Digital Personal Data Protection Act (2023) and the European Union’s GDPR have laid strong foundations for ensuring responsible data sharing. However, true data protection goes beyond compliance—it demands ethical responsibility, transparency, and user empowerment. As technology evolves, organizations must stay vigilant, prioritize consent, and implement best practices to foster a secure and trustworthy digital environment where user rights are genuinely upheld.

REFERENCES

1. [The Legal School][Understanding Data Privacy on Social Media]
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2. [CISO Platform ][ Understanding “Consent” Under the Digital Personal Data Protection Act ][https://www.cisoplatform.com/profiles/blogs/understanding-consent-under-the-digital-personal-data-protection-
3. [PrivacyPillar][ What is India Data Sharing Agreement] [https://privacypillar.com/india-data-sharing-agreement/
4. [ICO ][ Data sharing – when is it unlawful?][https://ico.org.uk/for-organisations/advice-for-small-organisations/whats-new/blogs/data-sharing-when-is-it-unlawful/]
5. https://link.springer.com/article/10.1007/s00146-023-01790-2
6. [UNCTAD ][ Data Protection and Privacy Legislation Worldwide] [https://unctad.org/page/data-protection-and-privacy-legislation-worldwide
7. [Ministry of Electronics and Information Technology (MeitY), Government of India. (2023)][ Digital Personal Data Protection Act, 2023][https://www.meity.gov.in
8. [Securiti.ai][ What Does User Consent Mean and Why Does It matter ] [https://securiti.ai/blog/user-consent/

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