The Digital Playground or a Privacy Minefield?
If you think marketing to kids online is just about colorful banners and catchy jingles, think again. Today, children are spending more time on digital platforms than ever before. But with great access comes great responsibility. Collecting or using children’s data without clear safeguards can lead to legal penalties, reputational damage, and ethical dilemmas. From COPPA fines in the U.S. to GDPR crackdowns in Europe, regulators are cracking down on companies that fail to respect children’s privacy rights. This blog unpacks what counts as kids’ data, why extra protections matter, and how your business can market responsibly without crossing the line.
Why Is Children’s Data So Sensitive?
Children are especially vulnerable to privacy risks for three reasons:
- They don’t fully understand how their data is collected or used.
- They can be easily influenced by personalized ads.
- Their data can follow them for life, leading to profiling and discrimination.
In legal terms, children’s data is often considered a special category of personal data that requires stricter protections and higher standards of consent.
What Counts as Children’s Personal Data?
Before you design a marketing campaign, it’s critical to know what you’re collecting. Examples include:
- Basic Identifiers: Name, date of birth, home address.
- Contact Details: Email, phone number.
- Online Identifiers: Cookies, IP addresses, device IDs.
- Behavioral Data: App usage patterns, viewing habits, purchase history.
- Location Data: GPS tracking or check-ins.
What is Kids’ Data in Marketing?
Kids’ data in marketing refers to the collection and use of personal information from children, such as their name, age, location, device ID, or browsing behavior to promote products or services. Companies often use this data to target ads, suggest content, or personalize experiences on apps, games, websites, or streaming platforms.
For example, a video app might track what cartoons a child watches to recommend similar shows or show ads for toys. While this may seem harmless, using kids' data without proper safeguards can lead to privacy violations, manipulation, and even long-term profiling, which is why strict laws exist to protect it.
Who is a Child?
The definition of a child varies across global privacy laws, impacting how companies handle data.
Under India’s Digital Personal Data Protection Act (DPDPA), a child is defined as anyone below the age of 18. This makes India one of the strictest jurisdictions in terms of age threshold.
In contrast, the General Data Protection Regulation (GDPR) of the European Union sets the age of digital consent at 16, though Member States may lower it to 13.
Meanwhile, the Children’s Online Privacy Protection Act (COPPA) in the United States defines a child as anyone under 13 years and applies to online services targeting that age group.
These differences are critical companies must align their data practices with the age limits of the jurisdictions where they operate to ensure compliance and avoid penalties.
How Companies Can Handle Kids’ Data Responsibly
1. Design Age-Appropriate Interfaces
- Use plain language and visuals to explain what data you collect.
- Avoid “dark patterns” that trick kids into sharing more data.
2. Get Verifiable Parental Consent
- Use verification methods: e-signature, government ID check, micro-payment.
- Keep audit logs to prove consent was obtained.
3. Limit Data Collection
- Only collect what is necessary for your service.
- Avoid collecting sensitive data like health info unless absolutely essential.
4. Offer Clear Opt-Outs
- Make it simple for parents to withdraw consent.
- Provide options to delete collected data on request.
5. Be Transparent About Data Sharing
- Clearly disclose if you share children’s data with third parties (like analytics or ad partners).
- Only work with vendors who are contractually bound to comply with child privacy laws.
Case Study: YouTube’s $170 Million COPPA Violation
In 2019, YouTube and its parent company Google paid a record $170 million fine to settle allegations that the platform illegally collected personal data from children under 13 without parental consent
violating the Children’s Online Privacy Protection Act (COPPA).
The U.S. Federal Trade Commission (FTC) found that YouTube used cookies to track children’s viewing habits and served them targeted ads, despite knowing that many of the channels were child-directed. This case set a strong precedent, reminding companies that even platforms not explicitly marketed to kids must comply if they host child-focused content.
Compliance Requirements Under COPPA, GDPR, and DPDPA
To lawfully collect and use children’s data, businesses must meet strict compliance requirements based on jurisdiction:
- COPPA (U.S.):
o Obtain verifiable parental consent before collecting data from children under 13.
o Post a clear and comprehensive privacy policy.
o Allow parents to review, delete, or refuse further collection.
- GDPR (EU):
o Parental consent is required for processing data of children under 16 (can be lowered to 13 by Member States).
o Provide child-friendly privacy notices.
o Ensure data minimization and purpose limitation.
- DPDPA (India):
o Children are defined as under 18 years.
o Require verifiable consent from a parent or guardian.
o Prohibit behavioral tracking and targeted advertising to children.
Conclusion: Handle with Care – Kids’ Data Deserves Better
Children are not just smaller users, they're more vulnerable and less aware of how their data is used. That’s why global privacy laws like COPPA, GDPR, and DPDPA set stricter rules when it comes to collecting, storing, or using their personal information.
For companies, this isn’t just about avoiding fines, it's about building trust with families, protecting young users, and doing business the right way. If your product or service could be used by kids, make sure your privacy practices are clear, ethical, and fully compliant.
References:-
1. GDPR:- https://gdpr-info.eu/art-8-gdpr/
3. COPPA:- https://www.ftc.gov/business-guidance/privacy-security/childrens-privacy
4. European Data Protection Board:-
https://www.edpb.europa.eu/search_en?search=childrens+data+eu+guidelins
5. DPDPA:- https://dpdpa.com/dpdpa2023/chapter-2/section9.html
