Edtech

Edtech platforms must comply with the DPDP Act for all user data, with heightened obligations for children’s data (verifiable parental consent, restrictions on tracking and behavioural monitoring, prohibition on targeted advertising to minors under 18). The Consumer Protection Act applies to all consumer-facing services, including requirements around transparent pricing, refund policies, and prohibition on misleading claims about course outcomes or placements. The IT Act and intermediary guidelines apply if the platform hosts user-generated content. Advertising must comply with ASCI guidelines and consumer protection rules. If the platform offers recognised qualifications, education sector regulations and UGC guidelines may also apply.

Student data is personal data under the DPDP Act. If your students include minors (under 18 in India), you must obtain verifiable parental consent before processing their data, and you cannot engage in tracking, behavioural monitoring, or targeted advertising directed at them. Your data practices should include clear purpose limitation (data collected for educational purposes should not be repurposed for marketing or sold to third parties), appropriate retention periods, and robust security measures. If you partner with schools or institutions, your agreements should specify data ownership, processing responsibilities, and compliance obligations. We advise edtech companies on structuring their data practices to comply with children’s data requirements across jurisdictions.

The core IP issues are content ownership (who owns the course material, the platform or the instructor), licensing of third-party content (textbooks, images, videos, music used in courses), trademark protection for the platform brand and course brands, and copyright in the platform’s software and user interface. Instructor agreements must clearly address IP assignment or licensing, exclusivity, and the right to use instructor likeness and name for marketing. If the platform uses AI for personalisation or assessment, additional IP and data licensing issues arise. We advise on structuring IP ownership and licensing arrangements for edtech businesses.