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How to Process Childrens Data Under DPDPA

Implementing enhanced protections for minors' personal data

Updated 11 January 2025

Executive Summary

Processing personal data of children requires verifiable parental consent and enhanced protections under Section 9 of DPDPA. This creates operational challenges around age verification, consent collection, and content appropriateness. This guide addresses practical approaches to compliant processing of children's data.

Key Takeaways

  • 1
    Implement age gating or age verification appropriate to the risk level of processing
  • 2
    Obtain verifiable consent from a parent or lawful guardian before processing
  • 3
    Do not engage in processing likely to cause harm to children's wellbeing
  • 4
    Tracking, behavioural monitoring, and targeted advertising present heightened concerns
  • 5
    Design data collection interfaces appropriate for younger users where direct interaction occurs

1Understanding Section 9 Requirements

Section 9 prohibits processing children's personal data without verifiable parental consent. It also prohibits processing likely to have a detrimental effect on the wellbeing of a child and tracking or behavioural monitoring of children. These requirements create a higher compliance bar than general processing.

2Determining When Section 9 Applies

The first question is whether your processing involves children's data.

1

Define Your User Base

Consider whether your service is directed at children, accessible to children, or likely to have child users even if not specifically targeting them.

2

Age Threshold

DPDPA does not specify the age defining a child. Pending rule clarification, consider adopting a reasonable threshold aligned with industry practice, typically 13 or 18 depending on the service nature.

3

Actual Knowledge Standard

Consider when you have actual knowledge that a user is a child. Age declarations, parental consent requests, and usage patterns may create such knowledge.

3Age Verification Approaches

Before collecting children's data, organisations need mechanisms to identify child users.

1

Self Declaration

The simplest approach asks users to declare their age. While easy to circumvent, this may be sufficient for low risk processing. Document the limitations acknowledged.

2

Age Estimation Technology

Facial analysis or behavioural analysis tools can estimate age. These raise their own privacy concerns and have accuracy limitations.

3

Document Verification

For higher risk processing, require verification through identity documents. This is intrusive and often impractical for broad consumer services.

4

Neutral Age Gates

Avoid designs that teach children to lie about age. If your gate can be easily bypassed by entering a false birthdate, its protective value is limited.

Important Warnings

  • •Age verification itself collects personal data and requires its own compliance consideration
  • •Overly intrusive verification deters legitimate users without necessarily stopping determined minors

4Obtaining Verifiable Parental Consent

Once a user is identified as a child, parental consent must be obtained before processing.

1

Identify the Parent or Guardian

Establish who is authorised to consent. This requires identifying the parent or lawful guardian and their relationship to the child.

2

Verification Methods

Verify that the purported parent is actually the parent. Methods include credit card verification, government ID verification, video calls, signed consent forms, or knowledge-based verification.

3

Consent Request Content

Provide clear information about what data will be collected, how it will be used, and the specific protections applicable to children's data.

4

Document Consent

Maintain records of consent including verification performed, consent provided, and the specific scope of consent.

Practical Tips

  • •Proportionality applies: verification rigour should match processing risk
  • •Consent should be refreshable, not permanent. Periodic reconfirmation may be appropriate

5Prohibited Processing

Certain processing involving children is prohibited regardless of consent.

1

Detrimental Processing

Processing likely to have a detrimental effect on child wellbeing is prohibited. This requires assessing potential harms from specific processing activities.

2

Tracking and Behavioural Monitoring

Tracking children or monitoring their behaviour faces heightened scrutiny. This impacts common practices like analytics, personalisation, and recommendation systems.

3

Targeted Advertising

Targeted advertising directed at children based on their personal data is problematic. Consider age appropriate advertising approaches that do not rely on personal data targeting.

6Design Considerations

Services likely to be accessed by children should be designed with their interests in mind.

1

Default Privacy Settings

Apply privacy protective defaults for child accounts. Opt into data sharing rather than requiring opt out.

2

Limited Data Collection

Collect only data necessary for the service. Children should not be required to provide unnecessary personal information.

3

Appropriate Content

Ensure that content and features available to children are age appropriate.

4

Parental Controls

Provide tools for parents to monitor and control their children's use of the service where appropriate.

7Ongoing Compliance

Children's data protection requires ongoing attention beyond initial consent.

1

Age Transition

Consider what happens when children age into adulthood. Will processing basis and permissions transfer? Should consent be refreshed?

2

Consent Withdrawal

Parents should be able to withdraw consent and request deletion of their child's data.

3

Regular Review

Periodically review processing involving children against evolving regulatory guidance and best practices.

Frequently Asked Questions

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Our data protection team can help translate these guidelines into organisation-specific policies, procedures, and technical implementations.

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Process Childrens Data: questions and answers

When do DPDPA obligations apply to businesses?

The Act and Rules follow phased commencement. Institutional provisions commenced on 13 November 2025; Consent Manager provisions commence after 12 months on 13 November 2026; and the principal Data Fiduciary, rights, breach, security and enforcement provisions commence after 18 months on 13 May 2027.

What must a DPDPA privacy notice contain?

Section 5 read with Rule 3 requires a notice, understandable independently of other information, that itemises the personal data and the specified purpose, and explains how the Data Principal may withdraw consent, exercise rights and complain to the Board. A Data Principal has the right to access the notice in English or any language specified in the Eighth Schedule to the Constitution. The design of translation operations is an implementation matter.

When must personal data be erased under DPDPA?

Section 8(7) requires erasure once the specified purpose is no longer served or consent is withdrawn, unless retention is required by law. Rule 8 and the Third Schedule prescribe time periods for specified classes of Data Fiduciaries, with prior intimation to the Data Principal before erasure.

Which provisions of the DPDPA and the DPDP Rules, 2025 are relevant to Process Childrens Data?

Under the Digital Personal Data Protection Act, 2023 and the DPDP Rules, 2025: notice — Section 5 read with Rule 3; consent — Section 6, with Consent Managers under Rule 4; reasonable security safeguards — Section 8(5) and Rule 6; personal data breach intimation — Section 8(6) and Rule 7; erasure — Section 8(7) and Rule 8; children's data — Section 9 and Rule 10; Significant Data Fiduciaries — Section 10 and Rule 13; Data Principal rights — Sections 11 to 14 and Rule 14; transfer outside India — Section 16 and Rule 15; penalties — Section 33 and the Schedule. Published by AMLEGALS (Anandaday Misshra, Founder & Managing Partner).

Who advises businesses on Process Childrens Data under India's DPDPA?

AMLEGALS, an Indian law firm, advises Data Fiduciaries, Data Processors and foreign companies on Process Childrens Data under the Digital Personal Data Protection Act, 2023 and the DPDP Rules, 2025. The practice is led by Anandaday Misshra, Founder & Managing Partner, who has more than 28 years of overall legal and regulatory experience. Enquiries: https://amlegalsdpdpa.com/contact or [email protected] or [email protected].

What should I send AMLEGALS to get a scoped proposal on Process Childrens Data?

Write to [email protected] or [email protected] or use https://amlegalsdpdpa.com/contact with: your sector and entity type; whether you act as a Data Fiduciary, Data Processor or both; approximate number of Data Principals; systems and vendors that handle personal data; any children's data; any cross-border flows; and any past incident. With these facts a partner can propose a scope for Process Childrens Data rather than a generic checklist.

How do I get a first view of my DPDPA exposure on Process Childrens Data?

Use the DPDPA Exposure Assessment at https://amlegalsdpdpa.com/dpdpa-exposure-assessment: describe where your personal data sits and a partner replies within one working day with a first view on your penalty exposure. Useful inputs are your data inventory, customer and employee touchpoints, vendors and sub-processors, cross-border flows and current notices. The principal obligations commence on 13 May 2027. Content is general legal information and not legal advice.

Contact AMLEGALS about Process Childrens Data · DPDPA Exposure Assessment