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12 of 14|Obligations of Data Fiduciary
video 20 min•Contractual Obligations
Children Data
Processing data of users under 18 requires extra care.
🎯 Learning Objectives
- ▸ Understand the definition of a child under DPDPA
- ▸ Learn about verifiable parental consent
The Challenge of Age Verification
How do you know a user is under 18? The Act requires you to make reasonable efforts to ensure verifiable parental consent. This is technically difficult, but companies must implement age-gating and consent mechanisms (like using DigiLocker).
Prohibited Practices
If you are processing children's data, you cannot do the following:
- • Behavioral monitoring (tracking what they do online).
- • Targeted advertising.
- • Processing data that is likely to cause a detrimental effect on the well-being of the child.
📖 Glossary
- Verifiable Parental Consent
- Consent obtained from a parent or guardian using reliable methods to verify their identity.
🔑 Key Takeaways
- A child is anyone under 18.
- You must obtain verifiable parental consent.
- You cannot track or target ads at children.
📚 Further Reading
- DPDPA Section 9 — Government of India (2023)
Course Author
Shilpi Kulshrestha
Shilpi is a corporate lawyer with over a decade of experience in data protection, company law, and regulatory compliance. She has advised 50+ startups and enterprises on DPDPA readiness, privacy gover...