India Considers Redefining Age Limits for Online Gaming and Personal Data Protection

The Indian government is reportedly considering redefining the age limits for individuals in the online gaming and personal data protection sectors. Currently, individuals below 18 years of age are considered underage, but the government may lower this age limit for sectors such as healthcare and education. However, in the case of the gaming sector, the age limit may be kept at 18. The government plans to consult with industry stakeholders and frame rules accordingly, with a timeline for implementation to ensure compliance.

The Digital Personal Data Protection (DPDP) Bill addresses the processing of personal data of children and allows for a revised age limit if it can be achieved in a verifiably safe manner. This legislation fills a gap in existing laws, as India did not previously have specific guidelines on collecting and processing personal data of underage users. Section 43A of the Information Technology Act, 2000, dealt with negligence of personal data in general, but did not specifically address underage users.

While the new rules may not significantly impact the operations and revenue of real-money gaming firms, e-sports companies may face a bigger impact. Real-money gaming platforms already ensure that users are above 18 through a Know Your Customer (KYC) process. However, e-sports and casual gaming companies with a larger volume of teenage users may face challenges in collecting user data. The full impact will depend on how gaming categories are segregated under the law.

Stakeholders in the e-sports industry emphasize the importance of distinguishing between real-money games and e-sports, as this differentiation can affect data collection regulations. On July 26, various e-sports and gaming firms wrote a letter to the Prime Minister’s Office requesting clarification on the distinction between the two subdivisions of the gaming industry.

Implementing underage exemptions is expected to be a nuanced process, with exemptions possibly being offered to certain startups in specific cases. Technology and gaming lawyer Jay Sayta suggests that future rules will define how different sections of the DPDP Bill will be regulated in terms of personal data, including the collection of underage user data.

Overall, the potential redefinition of age limits in the online gaming and personal data protection sector reflects the government’s commitment to address the unique challenges associated with protecting the personal data of underage users in India.

Sources:
– Digital Personal Data Protection (DPDP) Bill
– Section 43A of the Information Technology Act, 2000