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DPDPA Compliance for EdTech Platforms

Children's Data Protection in Digital Learning

10 min read1 December 2024
"EdTech platforms bear the heaviest compliance burden under DPDPA. Children's data violations attract ₹200 Crore penalties."

EdTech platforms serve primarily children (under 18 under DPDPA). This triggers the most stringent compliance requirements under Section 9, with the highest penalty exposure in the Act.

1Section 9: Children's Data Obligations

Children's data processing is subject to enhanced requirements.

  • Verifiable parental/guardian consent mandatory
  • No behavioral monitoring or tracking
  • No targeted advertising to children
  • No processing likely to cause harm
  • Child defined as under 18 years

2Age Verification Implementation

DPDPA requires age verification but does not prescribe methodology.

  • Self-declaration: Minimum viable, not robust
  • Parent email verification: Moderate assurance
  • Credit card verification: Higher assurance but excludes demographics
  • Aadhaar-linked verification: High assurance, privacy concerns
  • Knowledge-based authentication: Moderate assurance
Counsel Advisory

EdTech Reality: Perfect age verification is impossible. Document your chosen methodology and its risk-proportionate rationale.

Key Takeaways

1

All users under 18 are "children" under DPDPA

2

Verifiable parental consent is mandatory, not optional

3

Behavioral tracking and targeted ads are prohibited

4

Age verification methodology must be documented

5

Penalties for children's data violations reach ₹200 Crore

Statutory References

Section 9 (Children's Data)Section 2(f) (Child Definition)The Schedule Para 1 (₹200 Cr Penalty)Rule 10 (Children Verifiable Consent)

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