DPDP Act compliance

Children's personal data under the DPDP Act: verifiable parental consent

The DPDP Act treats everyone under 18 as a child. Edtech, gaming, social and e-commerce businesses face the strictest rules.

188 days to the DPDPA compliance deadline (13 May 2027)See the 2027 roadmap →
Quick answer

Under Section 9 of the DPDP Act, a business must obtain verifiable consent from a parent or lawful guardian before processing personal data of anyone under 18. It must not track, behaviourally monitor or target advertising at children, or process data in a way likely to harm a child. Rule 10 requires checking that the parent is an identifiable adult, for example through reliable records or a token such as DigiLocker. Breaches can cost up to ₹200 crore.

Child means
Under 18 years
Consent from
Parent or lawful guardian, verified
Targeted ads to children
Prohibited
Penalty
Up to ₹200 crore

What is required

  • Verifiable consent of the parent or guardian before processing a child's data.
  • Due diligence that the person consenting is an identifiable adult: using details already held, or details and identity tokens from an authorised entity such as DigiLocker (Rule 10).
  • No processing likely to have a detrimental effect on a child's well-being.
  • No tracking, behavioural monitoring or targeted advertising directed at children.

Exemptions

The Fourth Schedule to the Rules exempts some classes and purposes from parts of these duties, such as clinical establishments and healthcare professionals, educational institutions and childcare or creche providers (for tracking needed for education, safety and supervision), and specific purposes like a child's real-time location for safety. Check the exact entry before relying on it.

For a person with a disability who cannot take legally binding decisions even with support, consent must come from their lawful guardian, verified under Rule 11.

Frequently asked questions

What age is a child under the DPDP Act?

Anyone who has not completed 18 years. This is stricter than the EU GDPR, where the default age is 16.

How do I verify a parent's age under DPDP?

Rule 10 allows using reliable identity and age details you already hold, or details and a virtual token from an entity entrusted by law or the government, such as DigiLocker.

More DPDP Act guides

See all deadlines on the compliance calendar, or browse the compliance hub.

This guide is general information based on the law as of 25 October 2026, not legal advice. Rules and dates can change by notification; speak to a professional about your situation.

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