Table of Contents
Section 9: Mandatory Verifiable Parental Consent
Before processing any personal data of an individual under 18 years of age, a Data Fiduciary must obtain verifiable consent from the parent or lawful guardian via DigiLocker, tokenized ID, or approved age-verification gates.
Absolute Statutory Bans on Tracking and Profiling
Section 9(2) and 9(3) strictly prohibit: (1) processing that may cause detrimental harm to the well-being of a child, (2) tracking or behavioral monitoring of children, and (3) serving targeted advertisements directed at children.
Cross-Border Transfers: The Negative List / Blacklist Model (Section 16)
The DPDP Act permits cross-border transfer of digital personal data to foreign countries by default, subject only to notifications by the Central Government restricting transfers to specific blacklisted jurisdictions.
Extraterritorial Applicability (Section 3(b))
Applies to foreign entities with no physical nexus in India if processing personal data in connection with offering goods or services to Data Principals within Indian territory.
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