The integration of technology in education (EdTech) has transformed teaching methodologies and access to knowledge. To ensure that this digital revolution occurs in an ethical, secure, and equitable manner, the European Union has developed a robust regulatory framework that governs the use of digital platforms and resources. These regulations and directives aim to protect user data, ensure their security, and promote a healthy and competitive digital market.
Personal Data Protection: GDPR and ePrivacy
At the heart of EdTech regulation is the protection of the personal data of students, teachers, and families.
a) General Data Protection Regulation (GDPR)
Regulation (EU) 2016/679, known as the GDPR, is the cornerstone of data protection in the EU and imposes strict obligations on EdTech platforms. The fundamental principles to be respected include:
Data Minimisation: Platforms can only collect data strictly necessary for providing the educational service. Explicit Consent: Particular attention is paid to minors, for whom the informed consent of parents or legal guardians is required for the processing of their data.
User Rights: The right to be forgotten (data erasure) and data portability (transfer to other platforms) must be guaranteed.
Security: The adoption of appropriate technical and organizational measures, such as encryption, is mandatory to protect data from unauthorized access or breaches.
Non-compliance with these rules exposes companies to fines that can reach 4% of their annual global turnover, highlighting the seriousness with which the EU addresses this issue.
b) ePrivacy Regulation
The future ePrivacy Regulation is set to replace the current Directive 2002/58/EC and integrate with the GDPR. Its primary focus is on the confidentiality of electronic communications and the use of tracking technologies.
For EdTech, this means greater clarity and transparency: platforms will have to unequivocally inform users about the use of cookies and monitoring tools and provide clear options to limit tracking, especially for minor users, further strengthening consent requirements.
Security, Transparency, and Competition in the Digital Market
European legislation is not limited to privacy but also intervenes on the conduct of large platforms and content management.
c) Digital Services Act (DSA) and Digital Markets Act (DMA)
These two pillars of the Digital Service Package aim to create a safer, more reliable, and competitive digital environment.
Digital Services Act (DSA): Focuses on transparency and user protection in relation to intermediary services. For EdTech, the DSA imposes responsibilities on platforms for content moderation, obliging them to effectively combat disinformation, harmful or illegal content, and to ensure transparent reporting and redress mechanisms for educational materials.
Digital Markets Act (DMA): Concerns competition and aims to prevent unfair practices by so-called “gatekeepers” (large technology platforms). In EdTech, the DMA is crucial to ensure that innovative EdTech startups have a level playing field to compete, preventing tech giants from abusing their dominant position to the detriment of smaller, specialized educational solutions.
Harmonisation of Copyright Law
d) Directive on Copyright in the Digital Single Market
Directive (EU) 2019/790 aims to harmonize copyright rules in the digital age. It is fundamental for EdTech, which makes extensive use of digital materials.
The Directive establishes a balance between protecting content creators and educational needs by imposing:
Restrictions on the use of copyrighted materials without the appropriate license.
The introduction of clear exceptions that allow the use of protected resources for illustration or teaching purposes, but with well-defined limits and the obligation to indicate the source and, in many cases, fair compensation for the right holders.
e) Regulation (EU) 2024/1689, better known as the “AI Act,” published on 12 July 2024.
In summary, the EU’s regulatory framework for EdTech creates an ecosystem where technological innovation must coexist with maximum user protection, operational transparency, and fair competition. This holistic approach is essential for building a future where technology truly serves the goal of accessible and ethical education for all.