GDPR compliance on digital learning platforms is now a priority for schools, government agencies, and technology providers, especially when data processing involves minors.
At a time when classrooms are increasingly reliant on digital solutions, GDPR compliance on digital educational platforms has become a priority for schools, government agencies, and technology providers. This key document, which aligns with the latest guidelines from the Spanish Data Protection Agency, emphasizes that when it comes to minors, protection must be paramount.
In this context, data protection authorities have published a set of ten essential principles to ensure the safe and responsible use of educational platforms, in accordance with the General Data Protection Regulation and the most recent rulings of the Spanish Data Protection Agency.
This set of guidelines covers the following key points:
1. Enhanced protection for minors on educational platforms
Any processing of personal data must be assessed with the child’s best interests in mind. The fact that a platform is free of charge can never justify a reduction in the safeguards required by data protection regulations.
2. Clear responsibilities regarding the use of educational platforms
Government agencies and educational institutions must acknowledge their role as data controllers and clearly define the division of responsibilities with their service providers. There can be no ambiguity regarding responsibilities.
3. Lawfulness and Purpose Limitation in Digital Educational Environments
Personal data may only be processed for strictly educational purposes. Any additional services not related to this purpose must remain disabled and outside the educational context.
4. Data Protection Impact Assessment for Educational Platforms
The large-scale processing of children’s data in the cloud requires a comprehensive and up-to-date Data Protection Impact Assessment (DPIA), with the involvement of the Data Protection Officer prior to implementation, in accordance with the provisions of the LOPDGDD (Organic Law on Personal Data Protection and the Guarantee of Digital Rights).
5. Transparency in data processing in the educational sector
Information intended for families, students, and teachers must be clear, accessible, and easy to understand. The use of generic policies or fragmented or scattered information is not permitted.
6. Contracts with providers of digital educational platforms
Data processing agreements must strictly comply with the GDPR and must not contain clauses that allow for unilateral modifications or opaque conditions. Control over subprocessors is equally essential.
7. Safeguards for international data transfers
All international transfers must be backed by valid safeguards and a documented assessment of the level of protection provided by the destination country.
8. Data protection by design and by default in educational platforms
Platforms must be configured to process only the data that is strictly necessary, without enabling by default any additional services that are not required for educational purposes.
9. Security Measures for Digital Learning Platforms
Technical and organizational measures commensurate with the level of risk must be implemented, ensuring that security breaches are reported without delay and that the National Security Framework is complied with within the public administration sector.
10. Rights of Students and Families in Digital Educational Environments
Students and their families must be fully guaranteed the rights of access, correction, objection, and deletion, and exercising these rights must not have any negative consequences for their right to education.
This guide outlines the key criteria that must be taken into account to ensure compliance with the GDPR when using digital educational platforms, particularly when data processing involves minors.
