DPDP Act 2023 · Section 9
Processing of personal data of children
- Status
- Not yet in force
- Commencement
- 13 May 2027 · computed date, presented as interpretation until officially confirmed (how it is computed)
- Source
- The Digital Personal Data Protection Act, 2023 (Gazette print hosted by MeitY) · Gazette page 8
- Last verified
- 17 August 2026
What section 9 says, in plain English
Plain English
Not yet in force; the computed date is 13 May 2027, which is interpretation until officially confirmed. The summary below is what the provision says, not what is in force today. Status last checked 14 October 2026 against the MeitY library and India Code.
For a child, or a person with disability who has a lawful guardian, the Data Fiduciary must first obtain verifiable parental or guardian consent. Processing likely to harm a child, tracking, behavioural monitoring and targeted advertising directed at children are barred; exemptions from the consent, tracking and advertising rules may be prescribed, with age relaxations for verifiably safe processing.
How 13 May 2027 is computed, and why it could be 1 day later
Publication date 13 November 2025 printed on Gazette issue No. 757, plus eighteen months. The notification states a period rather than a calendar date and does not state how the period is counted. The eGazette record of this same issue carries a code embedding 14112025, which would move the computed date by 1 day; the printed masthead date is used, and the interpretation label carries that uncertainty. CORRECTED 2026-08-25: this note previously also cited the Government's own PIB release for 14 November 2025. That release is about the DPDP Rules, 2025, G.S.R. 846(E) in Gazette issue No. 760, and says nothing about this Act commencement notification, G.S.R. 843(E) in issue No. 757. The missing space in the phrase "section 6,sections 7 to 10" appears as printed in the Gazette text layer.
Official text of section 9, as modified by S.O. 5458(E)
Words substituted by the Digital Personal Data Protection (Removal of Difficulties) Order, 2026, S.O. 5458(E)
- In section 9(1), for “child or a person with disability” the words “child or of a person with disability” are substitutedThis site’s reading: The Order quotes the words to be replaced with a comma after disability, and section 9(1) as printed in the Act on Gazette page 8 has no comma there: it reads of a child or a person with disability who has a lawful guardian. This site applies the substitution to the words without the comma and leaves the rest of the sentence as printed. That is this site's reading of an instruction that does not match the print exactly, not an official statement. The Order's own first recital quotes section 9(1) without the comma.
The Order was made under section 43(1) and came into force on its publication in the Official Gazette, in Gazette issue No. 5248, whose printed masthead is dated 6 October 2026. The text below shows the wording with the substitution applied; the Order changes the words only and says nothing about when this section comes into force.
Section 9. Processing of personal data of children.(1) The Data Fiduciary shall, before processing any personal data of a child or of a person with disability who has a lawful guardian obtain verifiable consent of the parent of such child or the lawful guardian, as the case may be, in such manner as may be prescribed. Explanation. — For the purpose of this sub-section, the expression “consent of the parent” includes the consent of lawful guardian, wherever applicable. (2) A Data Fiduciary shall not undertake such processing of personal data that is likely to cause any detrimental effect on the well-being of a child. (3) A Data Fiduciary shall not undertake tracking or behavioural monitoring of children or targeted advertising directed at children. (4) The provisions of sub-sections (1) and (3) shall not be applicable to processing of personal data of a child by such classes of Data Fiduciaries or for such purposes, and subject to such conditions, as may be prescribed. (5) The Central Government may, if satisfied that a Data Fiduciary has ensured that its processing of personal data of children is done in a manner that is verifiably safe, notify for such processing by such Data Fiduciary the age above which that Data Fiduciary shall be exempt from the applicability of all or any of the obligations under sub-sections (1) and (3) in respect of processing by that Data Fiduciary as the notification may specify.
Show the text as printed in the Act, before the Order
(1) The Data Fiduciary shall, before processing any personal data of a child or a person with disability who has a lawful guardian obtain verifiable consent of the parent of such child or the lawful guardian, as the case may be, in such manner as may be prescribed. Explanation. — For the purpose of this sub-section, the expression “consent of the parent” includes the consent of lawful guardian, wherever applicable. (2) A Data Fiduciary shall not undertake such processing of personal data that is likely to cause any detrimental effect on the well-being of a child. (3) A Data Fiduciary shall not undertake tracking or behavioural monitoring of children or targeted advertising directed at children. (4) The provisions of sub-sections (1) and (3) shall not be applicable to processing of personal data of a child by such classes of Data Fiduciaries or for such purposes, and subject to such conditions, as may be prescribed. (5) The Central Government may, if satisfied that a Data Fiduciary has ensured that its processing of personal data of children is done in a manner that is verifiably safe, notify for such processing by such Data Fiduciary the age above which that Data Fiduciary shall be exempt from the applicability of all or any of the obligations under sub-sections (1) and (3) in respect of processing by that Data Fiduciary as the notification may specify.
Commencement basis · Sections 3 to 5, section 6(1) to (8) and (10), sections 7 to 17, section 27 other than section 27(1)(d), sections 28 to 34, sections 36 and 37, and section 44(2) of the Act
“(c) eighteen months from the date of publication of this gazette, on which the provision of sections 3 to 5, sub-sections (1) to (8) and (10) of section 6,sections 7 to 10, sections 11 to 17, section 27 except clause (d) of sub-section (1) of the said section, sections 28 to 34, 36, 37 and sub-section (2) of section 44 of the said Act shall come into force.”
From commencement notification G.S.R. 843(E), Gazette issue No. 757, printed date 13 November 2025.
Sources cited on this page
- [1]The Digital Personal Data Protection Act, 2023 (Gazette print hosted by MeitY) (Act No. 22 of 2023), s. 9, p. 8. Published 11 August 2023. Official source ↗ · Official requirement · Verified 17 August 2026Not yet in force; the computed date is 13 May 2027, which is interpretation until officially confirmed
- [2]Commencement notification for the Digital Personal Data Protection Act, 2023 (G.S.R. 843(E)), (c), p. 2. Published 13 November 2025. Official source ↗ Also on MeitY (byte identical) ↗ · Official requirement · Verified 17 August 2026Document status: published; in effect per its own termsNotification G.S.R. 843(E) names this section in the group that comes into force eighteen months from the date of publication of the notification gazette. The computed calendar date, 13 May 2027, is interpretation until officially confirmed.
- [3]Digital Personal Data Protection (Removal of Difficulties) Order, 2026 (S.O. 5458(E)), 2(i), p. 3. Published 6 October 2026. Official source ↗ · Official requirement · Verified 9 October 2026Document status: published; in force from the date of its publication in the Official GazetteThe Digital Personal Data Protection (Removal of Difficulties) Order, 2026, S.O. 5458(E), made under section 43(1) and in force from its publication in the Official Gazette, printed as dated 6 October 2026, substitutes the words child or of a person with disability for the words child or a person with disability in sub section (1). The Order changes these words only and says nothing about when section 9 comes into force.
- [4]Commencement notification for the Digital Personal Data Protection Act, 2023 (G.S.R. 843(E)), (c), p. 2. Published 13 November 2025. Official source ↗ Also on MeitY (byte identical) ↗ · Official requirement · Verified 17 August 2026Document status: published; in effect per its own terms
eighteen months from the date of publication of this gazette, on which the provision of sections 3 to 5, sub-sections (1) to (8) and (10) of section 6,sections 7 to 10, sections 11 to 17, section 27 except clause (d) of sub-section (1) of the said section, sections 28 to 34, 36, 37 and sub-section (2) of section 44 of the said Act shall come into force.
- [5]Commencement notification for the Digital Personal Data Protection Act, 2023 (G.S.R. 843(E)), p. 1. Published 13 November 2025. Official source ↗ Also on MeitY (byte identical) ↗ · Interpretation, requires judgment · Verified 17 August 2026Document status: published; in effect per its own termsThe calendar date 13 May 2027 is computed from the printed publication date and is presented as interpretation until officially confirmed. It aligns with the derived date for the main group of the DPDP Rules 2025.