Children’s privacy is a very crucial and important subject, not just in the context of the virtual world but also in the real world. The digital life of a child gets created way before their birth and stays with them throughout their life. Children usually do not understand the dangers and principles of sharing personal information, which is often considered the basis for seeking any digital service. This was very rightfully emphasised by the Hobble Apex Court, while Right to Privacy was being declared as a fundamental right in the case of K.S. Puttaswamy vs Union of India.
In the evolving digital space, children’s personal data has become a very critical point of discussion. With more and more children exposing themselves to online services, their data is not just processed and collected but sometimes also exploited without adequate protection, which raises serious privacy concerns.
The Digital Personal Data Protection (DPDP) Rules 2025 in India provide a very comprehensive framework with an aim to protect the personal data of Indian citizens, with one of its primary focuses on children. It has recognised the fact that children are more prone to privacy risks, and the rules ensure that children's data are handled with utmost sensitivity and care.
Before we deep dive into the law specific to handling of children’s data, let’s first understand what is meant by ‘children’s personal data’ and what information is a part of this category.
Also Read : The DPDP Compliance Checklist (2025): Step-by-Step Guide for Indian Businesses
What is Children’s Personal Data
According to section 2(f) under the Digital Personal Data Protection Act, a child is defined as an individual who is below the age of eighteen years.
Personal data of a child is referred to as the information related to a child that can be directly or indirectly used to identify them. This includes and is not limited to information such as name, date of birth, address, biometric data, other educational records, and any other relevant data that can be used to potentially identify a child and lead to insights into their activities. Given that children indulge in diverse online activities, the collected data widely varies.
Understanding this aspect of the DPDP law requires an in-depth evaluation of three important elements that are: Data Principal, Data Processor, and the Data Fiduciary. Every element plays a crucial role in the lifecycle management of personal data.
Data Principal
Data Principal refers to the individual to whom the data belongs. In case of children’s data, it's the child to whom the data belongs called the Data Principal. However, as children, you are not capable of understanding the relevance of data privacy and therefore, the guardian or the parent acts as the Data Principal on your behalf. For example, a child signing up for an online game, the legal guardian or the parent behaves as the Data principal who is responsible for providing information about the child’s name, academic performance, age, and consent to the data being used and collected by that gaming platform.
Data Processor
Data processor is the entity that collects the personal data on behalf of the Data Fiduciary. For example, an Edutech company hiring a third-party vendor for the management of its children’s database, then the service provider appointed for the same behaves as the Data Processor. It is in the onus of the Data Processor to comply with the instructions of the Data Fiduciary.
Data Fiduciary
Data Fiduciary is referred to as an entity that is responsible for determining the purpose behind the data being collected. In easy terms, these are the entities responsible for the collection, storage, and processing of personal data.
For example, a child using a social media app, it's the social media company that is collecting and processing the child’s data is called the data Fiduciary. It's now the responsibility of the Data Fiduciary to ensure that the limited data collected is being used only for the purpose specified and not misused beyond that, and should also ensure that proper consent is taken from the child’s legal guardian or parent.
Also Read : Principles of Data Privacy and Protection Explained| Core Principles of DPDP
Industries Handling Children's Data
Multiple industries deal with Children’s data in multiple ways :
- Social Media and Gaming Platforms : Social media platforms are often a home for young users who might not completely understand the implications of sharing personal information on an online forum. Facebook and Google receive almost half of all data collected from children’s apps. A study done by the data privacy services organisation known as Arrka found that Google is the leading recipient of data from such apps, amounting to 33%, right by which is Facebook at 22%. This study covered Android applications of around 60 children across nine categories, including Edutech, games, coding, school, and childcare. The report also showed that 85% of the surveyed apps had also collected ‘dangerous permissions’ or the permission to collect sensitive data, which, if misused, can cause severe harm to these children.
- EduTech Companies : According to a 2021 study by the National Commission for Protection of Child Rights in India, around 30.2% of children aged 8 to 18 have used a device, such as a smartphone connected to the internet, to learn online and attend classes. These companies collect a huge amount of personal information about these kids, including their learning patterns, academic records, and personal information, to curate a personalised learning experience. However, the major question is how these data are collected, protected, shared, and stored.
- E-commerce : websites that target a younger audience often collect data related to their browsing history and purchasing patterns, thereby making it crucial to ensure the data protection practices are robust. According to a study done by Harvard, it was revealed that social media platforms generated a total of $11billion in revenue in the year 2022 from just advertising directly to children and teenagers, which also included nearly $2billion in ad profits derived from users within the age group of 12 and below.
According to one of the authors of study and professor of behavioural and social sciences at Harvard T.H. School of Public Health, social media platforms might claim to self-regulate their practises or reduce the harms done to young people, however, they are yet to do that because the study clearly shows the financial incentives these companies continue to make thereby leading to a delay in meaningful steps to protect the kids.
Also Read : Penalties Under DPDP: Fines, Breach Scenarios, and How to Reduce
DPDP Compliance Related to Children's Data
The DPDP Act has tried to address some of the unique challenges posed by the various industries collecting data from children by establishing clear mandates and guidelines for the collection, processing and storage of children’s data. Some key obligations that need to be followed are:
Verifiable Parental Consent and DPDP Requirements
Under Section 9 of the DPDP Act, organisations must obtain child data consent in India before collecting or processing any children's data under DPDP. This consent must come from a verifiable parent or legal guardian and must be free, specific, informed, unambiguous, and based on clear affirmative action. With child data protection becoming a national priority in India, these rules ensure that the most vulnerable users are protected under the DPDP kids' privacy rules.
The National Commission for Protection of Child Rights (NCPCR) has recently recommended that the DPDP Rules include detailed methods for verifying parental consent. In a meeting held on August 13, 2024, NCPCR Chairperson Priyank Kanoongo stressed the need for KYC-based verification to confirm identity and age before processing minors' data under DPDP. The Commission plans to formally propose these measures to MeitY, reinforcing the importance of child data consent in India and the broader ecosystem of child data protection in India.
Also Read : Top 5 Consent Management Platforms in India 2025
Purpose Limitation
Any organisation handling DPDP children's data must strictly use it for the purpose for which child data consent has been obtained. Collecting extra details beyond the intended purpose violates DPDP kids' privacy rules and increases compliance risks under minors' DPDP data governance principles.
Ensuring Children’s Well-being
The DPDP Act places a strong responsibility on organisations to ensure that their processing activities do not harm a child’s well-being. This is a core expectation of child data protection in India. Internationally, similar protective steps have been taken; for instance, New York’s SAFE for Kids Act aims to reduce online risks for younger users. The principles align with DPDP Kids' privacy rules, highlighting the universal importance of safe digital environments for children.
Prohibition on Tracking and Targeted Advertising
Section 9(3) explicitly prohibits tracking, profiling, behavioural monitoring, or targeted advertising directed at children. This is one of the strongest safeguards within the DPDP children's data regulations. It reinforces why minors' data must be handled with extremely strict boundaries and why kids' privacy rules under DPDP discourage any form of behavioural exploitation of children online.
Also Read : Complete Guide: India’s DPDPA Requirements for Cookie Consent
Case Study: Google Chromebook
The Google Chromebook case underscores the importance of child data protection in India and even globally. A parent in Denmark raised concerns in 2019 about Google collecting student data without the child’s consent. After multiple investigations, the Danish DPA concluded that the Municipality had failed to ensure compliance, ultimately enforcing a temporary ban until legal justification was established. This case highlights why minors’ data standards emphasise proper risk assessment and transparent data processing, echoing the same concerns reflected in DPDP kids' privacy rules.
Retention Requirements
Children’s data under DPDP obligations must be stored only for as long as required to serve the original purpose. Retaining information unnecessarily violates key principles of child data protection in India and exposes organisations to substantial penalties under DPDP norms.
Rights Granted to Children and Guardians
- Right to Correction : Any inaccurate personal data must be corrected upon request.
- Right to Erasure : Data must be erased unless needed for legal or essential purposes.
- Right to Withdraw : Withdrawing child data consent in India must be as easy as giving it. Once consent is withdrawn, processing must stop unless legally required otherwise.
These rights form the backbone of DPDP kids' privacy rules and ensure transparency and empowerment for families navigating DPDP children's data systems.
Also Read : Building a Privacy Office: Reporting Structure and Best Practices
Accuracy and Security Measures
Organisations handling minors' data must ensure accuracy, completeness, and security. This is essential for upholding child data protection in India, which places special emphasis on preventing breaches involving children. Strong technical and organisational controls are mandatory parts of privacy rules, ensuring children's information is never exposed to unnecessary risk.
Penalties for Non-Compliance
Non-compliance with children's data under DPDP obligations can result in :
- Monetary penaltiesreaching up to ₹200 crore
- Reputational harm and stakeholder distrust
- Legal action, litigation exposure, and operational risk
These penalties reinforce why child data protection in India is treated as a high-stakes matter and why organisations must handle minors' data with exceptional diligence.
Global Landscape
GDPR continues to be a global benchmark. In 2023, a major video-sharing app was fined €345 million for failing to obtain adequate child data consent and violating children’s privacy rules. A Meta-owned platform faced a €405 million penalty in 2022 for similar lapses. These examples show how regulators worldwide treat kids' privacy rules with utmost seriousness.
Case Study : Microsoft and GDPR Violations
In 2024, privacy group NOYB filed complaints alleging Microsoft collected students’ data without proper consent, installed cookies without permission, and shifted responsibility to schools. These practices violated GDPR’s expectations of safeguards. The investigation seeks clarity into how obligations were overlooked and why transparency was insufficient, similar issues that DPDP kids' privacy rules aim to prevent in India.
Also Read : DPDP vs GDPR: A Complete Guide for Indian Businesses
Way Forward for Indian Enterprises
As India moves toward full enforcement of the DPDP Act and its upcoming Rules, organisations must shift from reactive compliance to building a proactive and child-centric data governance ecosystem. This means not only understanding the statutory obligations around DPDP children's data, but also institutionalising processes that make child data protection in India an integral part of product design, parental engagement, and daily operations.
Here are the key priorities Indian enterprises should focus on:
1. Build a Strong Consent Governance Infrastructure
Since processing minors’ information is strictly regulated under minors' data protection, companies must ensure that the consent is collected verifiably and stored immutably. The law mandates traceable proof of how consent was obtained, at what time, and for what purpose, all of which must align with DPDP kids' privacy rules. This is where modern consent governance solutions can substantially reduce compliance risk.
Privy’s Consent Governance Platform (CGP) enables enterprises to:
- Configure and manage multilingual, DPDP-compliant consent notices
- Maintain detailed consent audit trails
- Automate Records of Processing Activities (RoPA)
- Manage data processors involved in handling DPDP children's data
- Generate and update age-based or parental-consent-based notices dynamically
These capabilities help organisations demonstrate accountability and fulfil the mandatory obligations under the DPDP Act.
2. Conduct Continuous Digital Journey Assessments
Digital products evolve rapidly, introducing new forms, features, or data collection mechanisms. Organisations must ensure that these updates do not inadvertently violate the DPDP kids' privacy rules, particularly the prohibitions on profiling, tracking, or targeted advertising involving children.
Also Read : Privy Inspect AI, an AI-powered compliance co-pilot, helps enterprises:
- Detect all data fields used across a digital journey
- Classify personal data, including children's data, into sensitive/non-sensitive categories
- Identify non-compliant clauses in privacy policies and T&Cs
- Automatically generate DPDP-compliant consent notices
- Provide a real-time compliance score for each journey
For industries heavily exposed to minors, such as edtech, gaming, social media, and e-commerce, Inspect AI provides much-needed visibility and risk reduction.
3. Strengthen Transparency Through Cookie and Tracking Controls
While Section 9(3) of the DPDP Act prohibits behavioural monitoring or targeted ads for children, enterprises must also ensure that their tracking technologies do not inadvertently collect signals from minor users.
Privy’s Cookies Manager assists organisations by :
- Auditing website cookies and trackers
- Classifying them into necessary/non-essential categories
- Enabling DPDP-compliant cookie banners
- Allowing easy configuration and opt-in/opt-out controls
- Ensuring no behavioural tracking infringes minors' data restrictions
This helps enterprises create transparent and parent-friendly digital interfaces.
Also Read : Top 9 Features in a Data Privacy Management Platform
4. Train Teams and Re-engineer Internal Processes
The law emphasises accountability at all stages of handling DPDP children’s data. Organisations must retrain product, marketing, engineering, and legal teams to internalise the requirements of :
- Verifiable parental consent
- Purpose limitation
- Retention limits
- Child-safe UI/UX
- Strict prohibition on profiling or targeted advertising
Periodic DPIAs and audit logs ensure consistent compliance.
Conclusion
The DPDP Act marks a transformational shift in India’s privacy landscape, particularly concerning the protection of children, one of the most vulnerable groups in the digital economy. With explicit safeguards around child data protection in India, clear restrictions under kids' privacy rules, and substantial penalties for mishandling minors' data under DPDP, the law signals a strong national commitment to safeguarding young users.
Enterprises, therefore, must future-proof their systems with robust consent governance, real-time compliance monitoring, and transparent data practices. Solutions such as Privy by IDfy’s Consent Governance Platform, Inspect AI, and Cookies Manager empower organisations to operationalise legal expectations, generate verifiable child data consent, and ensure that every journey involving child data is safe, compliant, and centred around the child’s well-being.
By adopting strong governance tools and responsible data-handling practices, Indian organisations can not only meet regulatory obligations but also build lasting trust with families, shaping a digital environment where children can learn, explore, and grow safely.
In an industry where trust is currency, DPDP readiness is not just compliance work; it’s future-proofing. Get in touch with us at shivani@idfy.com to take control over your data with India’s most trusted DPDP compliance platform. We will keep you updated on the latest developments regarding the DPDP rules and how they will impact your business. Stay glued to this space for more information on data, privacy, compliance, and all things DPDP.