Exemptions from certain obligations applicable to processing of personal data of child
- Status
- Upcoming
- Applies from
- 13 May 2027Rule 1(4)
- Penalty
- Up to Rs 50 croreAct, Schedule, item 7
- Binds
- Every Data Fiduciary
In plain English
Lifts the parental-consent requirement (s. 9(1)) and the ban on tracking, behavioural monitoring and targeted advertising (s. 9(3)) for the Data Fiduciaries listed in Part A of the Fourth Schedule, such as clinical and mental health establishments, healthcare professionals, educational institutions, creches and school transport providers, and for the purposes listed in Part B, such as functions under law, benefits for a child, email-only accounts, real-time location for safety, keeping harmful content from children, and confirming that a user is not a child. Each exemption carries a condition that limits the processing to what that purpose needs.
The ban on processing likely to cause a detrimental effect on a child's well-being (s. 9(2)) is not lifted for anyone.
What you must do
If you rely on a Fourth Schedule exemption, document which entry and condition applies and keep the processing within it.
Age-gating itself is exempt (Part B, item 6): you may process a child's data to the extent needed to confirm the user is not a child.
Gazette text · Rule 12The provisions of sub-sections (1) and (3) of section 9 of the Act shall not be applicable to processing of personal data of a child by such class of Data Fiduciaries as are specified in Part A of Fourth Schedule, subject to such conditions as are specified in the said Part.
- (1)The provisions of sub-sections (1) and (3) of section 9 of the Act shall not be applicable to processing of personal data of a child by such class of Data Fiduciaries as are specified in Part A of Fourth Schedule, subject to such conditions as are specified in the said Part.
- (2)The provisions of sub-sections (1) and (3) of section 9 of the Act shall not be applicable to processing of personal data of a child for such purposes as are specified in Part B of Fourth Schedule, subject to such conditions as are specified in the said Part.
Source: Gazette of India, G.S.R. 846(E), 13 Nov 2025 (MeitY copy)
Act sections and tools that apply
Source: Gazette of India, G.S.R. 846(E), 13 Nov 2025 (MeitY copy) · Change log