Today's Headlines

1. Governing Learner Data Risks in India: The DPDP Act and the Case for EdTech-Specific Regulation

Source: orfonline.org | Read Original →

This article highlights the unique challenges of learner data protection within India's burgeoning EdTech sector, arguing for the potential need for sector-specific regulations alongside the general provisions of the DPDP Act 2023. It underscores that while the Act provides a foundational framework, the complexities of student profiling, targeted advertising, and sensitive academic data might require more tailored guidelines to fully protect minor learners under Section 9 — Obligations of Data Fiduciary in respect of children. Businesses in the EdTech space should recognize this as a signal that their compliance efforts may need to go beyond baseline requirements.

2. Protecting Children’s Data Privacy in India’s Digital Age: The Role of the DPDP Act 2023

Source: Daily Pioneer | Read Original →

The Daily Pioneer emphasizes the critical role of the DPDP Act 2023 in safeguarding children's data privacy in India's digital landscape. The piece specifically draws attention to Section 9 of the Act, which mandates verifiable parental consent for processing children's data and strictly prohibits tracking, behavioural monitoring, and targeted advertising directed at children. This serves as a stark reminder for all Data Fiduciaries that interact with minors, irrespective of sector, that their data handling practices must adhere to the highest standards of protection and transparency.

---

DPDP Impact Analysis

Today's articles collectively shine a spotlight on one of the most sensitive areas of data processing under the DPDP Act 2023: the handling of children's data. For Indian businesses, this is not merely a niche concern; any entity that might collect, store, or process information belonging to individuals under 18 years of age needs to pay close attention. The emphasis on Section 9 — Obligations of Data Fiduciary in respect of children across both pieces underscores the heightened responsibility and stricter requirements placed on Data Fiduciaries when engaging with minors.

Businesses must internalize that Section 9 goes beyond general consent requirements, demanding verifiable parental or guardian consent. This implies a robust mechanism for age verification and consent acquisition that is likely more complex than standard "I agree" checkboxes. Furthermore, the explicit prohibition on tracking, behavioural monitoring, and targeted advertising for children means that many common digital marketing strategies and user experience features prevalent today must be critically re-evaluated and potentially overhauled if they interact with an audience that includes minors.

The discussion around EdTech-specific regulation in the first article is particularly insightful. While the DPDP Act provides a broad framework, sectors like EdTech inherently deal with vast amounts of sensitive personal data from minors, including academic performance, biometric data for attendance, and even health information in some contexts. This suggests that businesses in such domains might face additional, tailor-made compliance obligations in the future, possibly through amendments or supplementary guidelines from MeitY. Proactive EdTech companies should already be thinking about "privacy by design" and robust data governance models that anticipate such stricter oversight.

For all Indian businesses, the key takeaway is clear: the processing of children's data is a high-risk activity with stringent compliance requirements. Failure to adhere to Section 9 and related provisions could lead to significant penalties (up to ₹250 Cr for non-compliance with Section 9 if the breach is severe), reputational damage, and erosion of public trust. Businesses should conduct thorough data mapping to identify if and how they process children's data, implement robust parental consent mechanisms, and ensure all data processing activities involving minors are strictly necessary and privacy-preserving.

---

Stay Compliant

Not sure if your business meets DPDP standards? Start with a free check:

🔍 Run Your Free DPDP Audit →

16 questions. 60 seconds. Instant risk report.

---

Published by DPDP News, a Meridian Bridge Strategy initiative. For compliance consulting, book a free call.