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Legal considerations for online learning platforms in early childhood education
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Fiona Alston
Sep 25, 2025
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As early childhood education moves further into the digital space, more families and providers are engaging with online learning platforms. These tools open opportunities for connection, flexibility and new ways of supporting young children’s learning. At the same time, they raise important legal considerations that both educators and families need to be aware of. Understanding these issues is vital to ensure children’s rights, safety and wellbeing remain central.
Photo by Alexander Grey on Unsplash
Photo by Wesley Tingey on Unsplash
Privacy and data protection
One of the first concerns is how children’s information is stored and shared.
Early learning platforms often collect details such as names, addresses, images, learning progress and sometimes even behavioural reports. Unlike adults, children cannot consent on their own, so providers have an extra duty of care to safeguard this sensitive information.
Families should look for platforms that use secure systems, have clear data policies, and avoid unnecessary collection of personal information.
Transparency is key, parents deserve to know who has access to their child’s data, where it is stored, and how long it will be retained.
Australia is currently developing the Children’s Online Privacy Code, which will set out how services accessed by children must comply with the Australian Privacy Principles. This will work alongside existing protections in the Privacy Act 1988.
Providers who fail to follow these rules risk not only penalties but also a loss of trust with families. For parents, checking privacy policies before signing up can prevent problems down the track.
Child safety and online interactions
Photo by Alexander Grey on UnsplashOnline safety is a major responsibility for providers and families alike. When children interact with teachers or peers through a digital platform, communication channels must be safe, age-appropriate and closely monitored.
Educators should have strict procedures in place to protect against risks such as cyberbullying, online grooming, or unauthorised contact.
It is not enough to rely on technology settings alone, staff training and clear codes of conduct are equally important. Services should regularly review online safety plans, and families should feel empowered to raise concerns if something doesn’t seem right.
A useful resource is the article “Supporting safe digital practices in early learning: eSafety’s Early Years Program”, which explains how educators can embed safety awareness into daily practice.Parental responsibilities and consent
Parents and guardians play a central role in authorising a child’s participation in online learning. Questions often arise about who has the legal right to give consent, particularly in separated families. In these situations, it helps to understand how Parenting Arrangements determine decision-making responsibilities and what agreements are in place regarding education.
Consent goes beyond just ticking a box, it must be informed. Parents should know if their child’s image may appear publicly, whether recordings will be made, and if third parties (such as app developers) might access the data. The Victorian Department of Education requires explicit parent or carer consent when student information or activities may be visible online.
Good communication between families and providers reduces misunderstandings and ensures that children’s rights are respected in both legal and ethical terms.Intellectual property and content use
Educators put significant effort into creating resources, videos and lesson plans for online learning. It is important to consider who owns this material and how it can be reused. Platforms should have clear terms outlining intellectual property rights, and educators should be cautious about giving away ownership unintentionally.
Likewise, families should avoid sharing copyrighted materials outside the platform, for example, reposting storytime videos or worksheets on social media. Doing so may breach copyright law and potentially place children at risk if their images are visible.
There is also a practical debate in the sector about balancing digital documentation with more traditional methods. Articles such as “Back to basics: Championing paper-based documentation in a digitally cautious sector”, highlight ongoing concerns about how children’s learning is recorded and shared.
Compliance with education standards and reforms
Photo by Wesley Tingey on UnsplashBeyond privacy and safety, online platforms must also align with national frameworks such as the National Quality Framework (NQF). This ensures that digital programs support holistic child development rather than simply delivering content.
From September 2025, new national child safety reforms will take effect across Early Childhood Education and Care (ECEC), requiring stronger policies around digital safety and governance. These reforms reflect a growing recognition that child protection must extend into digital spaces.
In addition, the Online Safety Act 2021 sets expectations for online platforms to protect users, especially children, from harmful content and behaviour. Providers of early learning platforms should ensure they are fully compliant with these obligations.Equity of access and digital inclusion
Legal considerations are not only about risks, they are also about fairness. Online learning can widen the gap between families who have reliable internet, devices and digital literacy, and those who do not. This raises questions of equity that link to a child’s right to education.
Services have a responsibility to consider how accessible their platforms are. Are they compatible with mobile phones as well as computers? Do they provide translated resources for families from diverse backgrounds? Are there safeguards for children with additional needs? Addressing these questions is not just good practice but part of upholding children’s rights in an inclusive way.Future challenges on the horizon
As technology evolves, so do the legal issues. Artificial intelligence (AI) is already being built into learning platforms, raising questions about bias, transparency and consent. Virtual reality and immersive tools may soon become common in early childhood education, creating fresh challenges for child safety and regulation.
Providers who keep ahead of these developments will be best placed to protect children and maintain compliance. For families, staying informed and asking questions about new technologies is an important way of ensuring that children’s best interests are always at the heart of learning.Final thoughts
Online learning platforms have great potential to enrich early childhood education, but they also come with legal and ethical responsibilities. By paying attention to privacy, safety, parental consent, intellectual property, compliance with standards, equity of access and future developments, both families and providers can create a safer and more supportive environment for children.
Taking these steps builds trust, strengthens relationships and ensures that digital learning enhances, rather than compromises, the quality of early childhood education.
Author - Dylan Matthews from Lamont Law.
Dylan is a marketing expert with a focus on the legal sector. He has a strong interest in Data Protection and Privacy Law and enjoys writing about legal and compliance topics in a way that is clear and accessible. His work reflects both his marketing knowledge and his understanding of the legal industry.
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