The Digital Social Contract: Why Consent Is No Longer Just a Checkbox

This paper traces the historical and jurisprudential evolution of digital consent from a transactional checkbox model to a rights-based framework grounded in autonomy, accountability, and trust. It argues that the rise of sophisticated data processing, platform-based ecosystems, and generative artificial intelligence has rendered conventional notice-and-choice mechanisms inadequate for meaningfully protecting personal data. Through a comparative analysis of the GDPR, California's privacy regime, and India's Digital Personal Data Protection Act, 2023, the paper shows how modern data protection law is moving toward a fiduciary understanding of the relationship between individuals and data handlers. Special attention is given to the statutory architecture of consent in India, including notice requirements, withdrawal rights, language accessibility, protections for minors, and the emerging role of Consent Managers. The article also critiques dark patterns as a structural threat to genuine choice and examines the limits of consent in the context of AI systems, where future uses of data are difficult to predict and even harder to reverse. Ultimately, it advances the idea of a digital social contract that replaces passive compliance with assisted, transparent, and accountable data governance.