Under the Digital Personal Data Protection Act 2023, anyone under 18 is a child. That puts EdTech platforms, schools, coaching institutes and test-prep apps squarely under the Act's strictest provisions, because most of their users are children.
What the Act requires for children's data
- Verifiable parental consent: before processing a child's personal data, the Data Fiduciary must obtain verifiable consent from a parent or lawful guardian. The Rules set out how that verification can be done.
- No tracking or targeted advertising: tracking, behavioural monitoring and targeted advertising directed at children are prohibited.
- No detrimental processing: processing likely to harm a child's well-being is not permitted.
- Limited exemptions: the Rules exempt educational institutions and certain other entities for specific purposes, such as educational activities and the safety of children. They do not cover every use, such as marketing.
Failing to meet the obligations for children's data can attract penalties of up to ₹200 crore.
Gaps commonly found in EdTech and schools
- Sign-up flows that accept a child's own consent or a simple "I am over 18" checkbox
- Learning analytics used to target upsell offers to students
- Third-party SDKs for analytics or ads embedded in apps used by children
- Proctoring tools capturing video, screen and device data with no clear retention limit
- Student records shared with coaching partners, transport vendors or app providers without contracts
- Teachers using personal messaging groups to share student data and results
- No process for parents to access, correct or erase their child's data
Priorities before May 2027
- Identify every place a child's data enters the system, including apps, forms and admissions.
- Implement a verifiable parental consent flow suited to your users.
- Remove ad and behavioural-tracking SDKs from child-facing products.
- Document which exemptions you rely on and for exactly which purposes.
- Set retention limits for proctoring recordings, assessments and admission documents.
See DPDP Rules 2025 explained for the timeline, and the DPDP audit checklist for a full self-assessment.
