DPDP Act FAQs

How does the Act treat children's data?

Strictly. A child means anyone under 18, with no graduated age scale, which is stricter than the GDPR's range of 13 to 16 depending on member state. Before processing a child's personal data, a Data Fiduciary must obtain verifiable consent from a parent or lawful guardian. Tracking, behavioural monitoring and targeted advertising directed at children are prohibited. Processing that is likely to cause any detrimental effect on the wellbeing of a child is also prohibited. Limited exemptions may be prescribed for specified purposes such as healthcare and education.

General information on Indian law, not legal advice. For advice on your situation, contact the firm.

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