AMLEGALS — Strategic Lawyering
Startup Compliance Guide

Children's Data and EdTech Compliance

Special Protections Under DPDPA for Minors

Updated: 27 January 2025
"Protection of children's data demands heightened vigilance and specialized approaches."

The Digital Personal Data Protection Act 2023 establishes special protections for children's personal data, recognizing the vulnerability of minors and the need for enhanced safeguards. Section 9 requires verifiable parental consent before processing children's data and prohibits certain types of processing entirely. For startups in education technology, gaming, social platforms, or any service used by minors, these provisions create significant obligations that must be embedded into product design and operations. This guide examines the statutory framework for children's data and provides practical guidance for compliant service delivery to young users.

01Who Qualifies as a Child Under DPDPA

DPDPA defines a child as any individual below 18 years of age. This threshold is higher than some international frameworks and has significant implications for services targeting teenagers. Any processing of personal data from individuals under 18 triggers the enhanced requirements of Section 9. For startups, this means age determination becomes essential for compliance. Services that may attract users under 18, whether intentionally or incidentally, must implement mechanisms to identify and appropriately handle children's data.

Key Points

  • Child defined as individual below 18 years
  • Higher threshold than some international standards
  • All under-18 users trigger special requirements
  • Age determination essential for compliance
  • Incidental child users also covered
Statutory Reference:Section 2(f) DPDPA 2023

02Verifiable Parental Consent Requirements

Section 9(1) requires that before processing children's data, Data Fiduciaries must obtain verifiable consent from the child's parent or lawful guardian. Verifiable consent means that the consent mechanism must provide reasonable assurance that the consenting individual is actually the parent or guardian. This is significantly more demanding than standard consent requirements. Methods may include verification through official identification, credit card verification, knowledge-based verification, or other mechanisms that provide reasonable certainty of parental identity.

Key Points

  • Parental consent required before any processing
  • Consent must be verifiable, not merely asserted
  • Verification methods must provide reasonable certainty
  • Parent includes lawful guardian
  • Standard consent mechanisms insufficient
Statutory Reference:Section 9(1) DPDPA 2023

03Prohibited Processing of Children's Data

Section 9(2) prohibits tracking, behavioral monitoring, and targeted advertising directed at children. This prohibition affects common digital practices including personalized content recommendations, usage analytics tied to individual children, and advertising based on observed behavior. For EdTech startups, this requires careful examination of analytics, recommendation algorithms, and any monetization through advertising. Learning platforms must distinguish between necessary educational functions and prohibited monitoring.

Key Points

  • Tracking of children prohibited
  • Behavioral monitoring prohibited
  • Targeted advertising to children prohibited
  • Personalized recommendations may be affected
  • Educational functions must be distinguished from monitoring
Statutory Reference:Section 9(2) DPDPA 2023

04Age Verification Mechanisms

Implementing verifiable parental consent requires knowing who is a child. Age verification presents both technical and user experience challenges. Common approaches include age declaration during registration, age gates at content or feature access points, verification through linked parental accounts, and inference from provided information. No single approach is perfect, and startups must balance accuracy with usability. Where children may access services, age verification should err on the side of protection.

Key Points

  • Age declaration captures user-reported age
  • Age gates control access to content or features
  • Linked parental accounts enable verification
  • Inference from information provides indicators
  • Balance accuracy with user experience
Statutory Reference:Section 9 DPDPA 2023

05EdTech-Specific Considerations

Educational technology platforms face particular challenges under Section 9. Core educational functions require processing student data, but the framework requires parental consent and prohibits monitoring. EdTech startups should differentiate between data processing essential for educational delivery and additional processing that may not be permitted. Assessment and progress tracking for educational purposes may be distinguishable from behavioral monitoring for other purposes. School and parent relationships may facilitate consent mechanisms.

Key Points

  • Educational delivery requires some data processing
  • Distinguish essential functions from additional processing
  • Assessment may differ from prohibited monitoring
  • School relationships can facilitate consent
  • Design for privacy-preserving education
Statutory Reference:Section 9 DPDPA 2023

06Privacy by Design for Child Users

Services involving children should apply Privacy by Design principles with heightened attention. Default settings should maximize protection. Data collection should be strictly limited to what is necessary. Retention should be minimized. Sharing should be restricted. Security should be enhanced. User interfaces should be designed for clarity and safety. When children may be users, the entire product design should reflect their protected status and the organization's heightened responsibilities.

Key Points

  • Default to maximum protection settings
  • Minimize data collection strictly
  • Limit retention periods
  • Restrict sharing of children's data
  • Enhance security measures
  • Design interfaces for child safety
Statutory Reference:Section 8, Section 9 DPDPA 2023

07Practical Implementation Steps

1

Assess Child User Likelihood

Evaluate whether your service may attract users under 18, whether intentionally or incidentally.

2

Implement Age Verification

Deploy age verification mechanisms appropriate to your service type and user base.

3

Design Parental Consent Flow

Create verifiable parental consent processes that provide reasonable certainty of identity.

4

Audit Processing Activities

Review all data processing to identify activities that may constitute prohibited tracking or monitoring.

5

Modify Prohibited Features

Redesign or disable features that constitute prohibited processing for child users.

6

Separate Child Accounts

Implement account separation that enables different processing for verified adults and children.

7

Update Privacy Notices

Create child-specific and parent-specific privacy notices explaining relevant processing.

8

Train Support Teams

Ensure customer support understands special procedures for child-related requests.

Key Takeaways

Children under 18 receive special protection under DPDPA
Verifiable parental consent required before processing
Tracking, monitoring, and targeted advertising prohibited
Age verification enables appropriate treatment
EdTech must distinguish educational function from monitoring
Privacy by Design principles apply with heightened attention

Statutory References

Section 2(f) - Definition of ChildSection 9(1) - Verifiable Parental ConsentSection 9(2) - Prohibited ProcessingSection 9(3) - Government Exemptions

08Frequently Asked Questions

Related Topics

Implementation Assistance

For organization-specific guidance on implementing these compliance practices, our data protection practitioners are available to assist.

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DPDPA for startups: Children Data: questions and answers

What is the legal framework for data protection in India?

India's framework is the Digital Personal Data Protection Act, 2023 (Presidential assent 11 August 2023; 44 sections) read with the Digital Personal Data Protection Rules, 2025, notified on 13 November 2025 (G.S.R. 846(E)) with 23 Rules and 7 Schedules.

What makes consent valid under DPDPA?

Section 6 requires consent to be free, specific, informed, unconditional and unambiguous, given by a clear affirmative action and limited to personal data necessary for the specified purpose. Withdrawal must be as easy as giving consent.

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.

Which provisions of the DPDPA and the DPDP Rules, 2025 are relevant to DPDPA for startups: Children 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 DPDPA for startups: Children Data under India's DPDPA?

AMLEGALS, an Indian law firm, advises Data Fiduciaries, Data Processors and foreign companies on DPDPA for startups: Children 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 DPDPA for startups: Children 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 DPDPA for startups: Children Data rather than a generic checklist.

How do I get a first view of my DPDPA exposure on DPDPA for startups: Children 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 DPDPA for startups: Children Data · DPDPA Exposure Assessment