Trai Orders Telcos To Create Digital Consent Acquisition Process

The Telecom Regulatory Authority of India (TRAI) has instructed telecom operators to create a digital platform for obtaining, maintaining, and revoking customer access to promotional messages and calls, known as digital consent acquisition (DCA). 

In a statement, TRAI mentioned that they have allocated a two-month timeframe for all access providers to develop these facilities and gradually implement them. This directive falls under the Telecom Commercial Communication Customer Preference Regulations, 2018 (TCCCPR-2018). 

This marks a departure from the existing system, where consent is obtained and managed by various entities such as banks, financial institutions, insurance companies, trading companies, business entities, and real estate companies. These entities, referred to as principal entities (PEs) in the TCCCPR-2018 Regulations, make it difficult for access providers to verify the authenticity of consents. Additionally, there is no unified system for customers to provide or revoke consent. 

To address these challenges, TRAI emphasised that the DCA process should include features to seek, maintain, and revoke customer consent according to the procedures outlined in the TCCCPR-2018 Regulations. The collected consent data will be shared on a digital ledger platform (DLT) for verification by all access providers. 

TRAI also directed telecom operators to utilise a common short code, 127xxx, for sending consent-seeking messages. These messages should clearly indicate the purpose, scope of consent, and the name of the principal entity/brand. Only whitelisted URLs, APKs, OTT links, and call back numbers should be used in these messages. 

Furthermore, telcos have been instructed to develop an online SMS/IVR facility where customers can register their unwillingness to receive any consent-seeking messages initiated by principal entities (PEs). 

Initially, TRAI has permitted only subscriber-initiated consent acquisition in the first phase. PE-initiated consent acquisition will be allowed subsequently. Initially, principal entities in the banking, insurance, finance, and trading sectors will be onboarded to initiate the consent-seeking acquisition process, with other sectors being included in due course.