CLICK “I AGREE’- LOSE YOUR RIGHTS?: HOW STANDARD FORM CONTRACTS UNDERMINE PRIVACY CONSENT

This paper studies whether clicking "I Agree" on a standard-form digital contract amounts to informed, meaningful consent. It examines Section 13 and 14 of the Contract Act, the Supreme Court's approach to unequal bargaining power in Brojo Nath Ganguly and the LIC case, informational autonomy under Puttaswamy, and Section 6 of the DPDP Act, 2023. It also considers how consent screens are designed. It concludes that a click satisfies the Contract Act on paper but no genuine choice, and that real consent is measured by comprehension, not speed.