Lesson 8.1: Who is a child and what Section 9 requires

Module 8 · Lesson 8.1 of 6 · About 30 minutes · Who is a child and

Children get the strongest protection in the Act. Under 18 means a child. This DPDPA 2023 course page explains who is a child and in plain language.

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What you will learn about who is a child and

  • Define a child
  • State the three duties under Section 9
  • Spot services likely to be affected

Section 9 (who is a child and)

A child is anyone under 18. Before processing a child’s personal data a fiduciary must get verifiable consent of the parent or lawful guardian. It must not process data in a way that is likely to cause a detrimental effect on the child’s well-being, and must not track, behaviourally monitor or target advertising at children. Failure can attract a penalty of up to Rs 200 crore.

Three rules: click each

Select a numbered box to read more.

1Verifiableparental consent2No detrimentalprocessing3No trackingor targeted ads
Tap or click a step to see exactly what to do.
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Who is affected (who is a child and)

ServiceWhy
Games and appsChildren as users
EdtechStudents under 18
Social platformsTeen users
Retail with loyalty programmesUnder-18 customers
Schools and coachingStudent records

Worked example

A learning app finds that 30 percent of its users are under 18. It must adopt parental consent and turn off ad targeting for them.

Activity (5 minutes) (who is a child and)

Check whether any of your users may be under 18. List how you would know.

Key takeaway: If you cannot rule out children, design as if they are present.

Check your understanding of who is a child and

Q1. A child is anyone under:

Q2. Targeted advertising to children is:

Q3. Penalty for child obligations up to:

← Module 8 homeVerifiable parental consent: Rules 10 and 11 →

Educational material for learning purposes, not legal advice. Check the official text of the DPDP Act, 2023, the DPDP Rules, 2025 and MeitY notifications for the latest position.

Official sources for who is a child and: Digital Personal Data Protection Rules, 2025 (MeitY, PDF) and DPDP Rules 2025, English text (PDF). Always check the latest official notifications.