Ensuring Student Data Privacy in Virtual Classrooms

As virtual learning becomes a permanent fixture in modern education thanks to technological advancements, one concern has risen to the top of every educator's and administrator’s list: data privacy in education.

Whether you're teaching a class over Zoom or Microsoft Teams, managing school-wide video calls, or evaluating which platform to use for your next academic term, ensuring student data remains private and secure is no longer optional—it's a legal and ethical necessity.

This introduction to data privacy in e-learning is designed to help you, as an educator, IT lead, or policy decision-maker, understand the legal requirements and best practices for safeguarding student data in virtual classrooms. By the end, you’ll also learn how a privacy-first platform like Digital Samba helps schools and institutions, and also companies, meet the highest data protection standards in online education.

Table of contents

1. Why data privacy in education matters
2. What legal frameworks apply to virtual classrooms?
3. What does a privacy-compliant virtual classroom look like?
4. Common data privacy risks in virtual learning (and how to avoid them)
5. What teachers and IT leaders can do today
6. Digital Samba as a privacy-first virtual classroom provider
7. The takeaway: Empower privacy through choice
8. Frequently asked questions

Why data privacy in education matters

Virtual classrooms handle a massive amount of personal information—from student names and email addresses to live video, voice, and shared assignments. This information, known legally as personally identifiable information (PII), is often recorded, stored, or transmitted via third-party services.

So what is the risk? If this data is mishandled or stored in non-compliant systems, it can be leaked, sold, or accessed by unauthorised parties. The consequences range from reputational damage to serious legal penalties.

More than just legal compliance, protecting student data is about preserving trust—between teachers, parents, and learners. Digital learning is here to stay, so it’s crucial that we create safe, respectful, and legally sound online learning environments where risks of harm to students are minimalised or altogether eliminated.

What legal frameworks apply to virtual classrooms?

Let’s break down two major data privacy laws you need to understand: GDPR and FERPA (discussed further below).

GDPR (General Data Protection Regulation) – EU

If your school or institution operates in the EU—or teaches students who are EU residents—you must comply with GDPR, which was adopted by the European Parliament and the Council of the European Union in April 2016 and introduced on 25 May 2018, after the two-year transition period was over. This regulation defines how personal data should be collected, stored, and processed within the European Union (EU) and European Economic Area (EEA).

Key GDPR principles for virtual classrooms:

1. Data minimisation

Collect only what’s absolutely necessary.

In a virtual classroom setting, this means avoiding the collection of unnecessary personal information such as home addresses or social profiles unless explicitly needed for educational purposes. The goal is to reduce the risk in case of data breaches and to build a privacy-by-design teaching environment.

2. Purpose limitation

Use data only for clearly stated educational purposes.

If a student’s name and image are collected for participating in online lessons, that data cannot later be used for marketing or analytics without new consent. Educators must ensure that platforms don’t repurpose student data for unrelated commercial or profiling activities.

3. Storage limitation

Don’t store data longer than needed.

Virtual classroom platforms should have clear retention policies—for example, automatically deleting recordings after a semester ends. Holding onto student data indefinitely increases legal risk and violates GDPR unless justified by ongoing educational need and proof of achievement.

4. Parental consent

Required for processing data from children under a certain age (The default minimum age of consent for online services is 16 under GDPR. However, each EU member state can choose to lower this to no less than 13—and most have chosen 13, 14, or 15.)

Schools must implement age verification and consent mechanisms, especially for younger learners. This often involves collecting explicit, verifiable consent from parents or guardians before allowing children to participate in recorded or data-collecting virtual sessions.

5. Right to be forgotten

Students (or parents) can request deletion of their data.

If a student leaves the school or no longer uses the platform, their data—such as recordings, chat logs, or login details—must be erased upon request. Schools and vendors must ensure that systems allow for prompt and complete data deletion in line with this right.

National laws and local guidance

While GDPR applies uniformly across the EU, its implementation often reflects national priorities and educational policies. Each member state enforces GDPR through its own Data Protection Authority (DPA), which is empowered to issue sector-specific guidance. These interpretations are especially relevant in education, where the sensitivity of children’s data demands additional scrutiny.

For example, the French DPA (CNIL) has issued specific recommendations for schools, discouraging the use of non-EU-hosted platforms and advocating for public sector alternatives. In Germany, where education is governed at the federal state level (Länder), several regions have introduced their own privacy standards for virtual classrooms. In some cases, these guidelines effectively prohibit the use of U.S.-based tools such as Zoom or Google Meet in public schools. Instead, they recommend using platforms that are hosted entirely within the EU and purpose-built for education.

Spain’s DPA, the AEPD, takes a similar approach. It has published a detailed guide for educational centres, requiring written parental consent when processing data from underage students and emphasising the need for clear documentation of data flows and third-party processors.

These examples highlight the importance of going beyond baseline GDPR compliance. Institutions must also pay close attention to the laws, policies, and recommendations issued by their national and regional regulators.

FERPA (Family Educational Rights and Privacy Act) – U.S.

If your school is U.S.-based or serves American students, FERPA also applies. FERPA protects the privacy of student education records and restricts disclosure without parental or student consent.

Under FERPA, a teacher can’t just use any platform to host a class—it must ensure that student records are protected and not shared with third parties without authorisation.

Important: Even if you use a third-party platform, your institution is still legally responsible for any privacy breach that occurs. That’s why choosing the right video platform matters and can give you peace of mind.

The digital age of consent

One of the most significant local variations under GDPR is the digital age of consent. Article 8 of the regulation sets the default age of digital consent at 16 but allows member states to lower it to as young as 13. This flexibility has resulted in a patchwork of legal thresholds across the EU.

In Germany and Ireland, the age remains at 16. France has set it at 15, while countries like Spain, Italy, and Austria have opted for 14. Sweden and Denmark have adopted the lowest permissible age of 13. This means that a student who can legally provide their own consent in one country may still require parental approval in another.

For virtual classroom platforms, this presents a legal and operational challenge. Schools must verify the applicable age threshold in their jurisdiction and ensure that proper mechanisms for parental consent are in place. This is especially important when platforms are used to collect or store personally identifiable information, including video recordings, screen-sharing sessions, or chat histories.

Data residency requirements and hosting rules

The legal landscape around data transfers was further complicated by the Court of Justice of the European Union’s landmark “Schrems II” ruling in July 2020, which invalidated the EU–U.S. Privacy Shield. As a result, transferring personal data to the United States—or to any third country without an EU adequacy decision—now requires additional legal and technical safeguards.

This has had a direct impact on the tools and platforms used in education. Several EU countries now actively discourage, or even restrict, the use of platforms hosted outside the EU for school-related activities. Hosting data within the EU is no longer just a best practice—it is increasingly seen as a legal necessity.

For example, schools in certain German states have adopted “sovereignty-by-default” policies that require all student data to be hosted within European borders. In France, CNIL has urged public institutions to prioritise local or EU-based tools over global tech giants. These positions reflect a broader shift toward digital sovereignty and privacy-first procurement in the public education sector.

DPIAs and documentation obligations

Another key GDPR requirement, particularly relevant to schools and universities, is the need to conduct a Data Protection Impact Assessment (DPIA) when processing activities are likely to pose a high risk to individuals' rights and freedoms. This includes common features in virtual classrooms such as webcam usage, session recordings, chat logs, and learning analytics.

In practice, many EU countries have gone a step further by making DPIAs mandatory before rolling out any third-party digital tool in the classroom. Italy, Spain, and Germany are notable examples where education authorities require a documented assessment of privacy risks and mitigation strategies before a platform is approved for school use.

Schools are also expected to maintain internal records of data processing, consent forms, and third-party agreements. Failing to do so may result in sanctions from the local DPA—even if no data breach has occurred.

What does a privacy-compliant virtual classroom look like?

Here are the non-negotiable features and policies your video conferencing platform should have to meet today’s privacy expectations:

• GDPR-compliant hosting

Ensure your platform stores all data within the EU and adheres to the GDPR. Many popular tools store or process data in the U.S., which can lead to legal uncertainties under EU law.

Digital Samba provides 100% EU-hosted infrastructure, meaning we use only European sub-processors and your students’ data never leaves Europe, removing any risk associated with cross-border data transfers.

• No data tracking or ads

Educational platforms should never track user behaviour for advertising or profiling. Avoid platforms with vague privacy policies or business models based on data monetisation.

Digital Samba is is completely free from third-party tracking, cookies, or analytics—designed from the ground up with privacy-first principles.  The software also doesn’t require any user accounts or sign-ups for participants to join the virtual classroom, thanks to its token-based access system.

• Role-based access & classroom control

Look for features that allow clear separation between teacher and student roles, with fine-grained control over who can share video, audio, or screens, thus giving the guidance of a virtual classroom into the right hands.

Digital Samba’s moderation tools, waiting rooms, knock to enter, and recording controls are built to empower educators and maintain order and privacy in every session. The system comes with a wide range of pre-built roles, however, it allows for customised roles and permissions as well.

• Easy consent management

Whether it’s for recording lessons or storing user information, you should be able to collect, track, and manage consent easily.

Digital Samba allows moderators to enable or disable recordings, provides real-time consent prompts, and ensures that users are informed about data collection from the outset. It also comes with different webhooks, one for example being “Recording ready for download” which will automatically download the file from our servers to yours and delete it from our storage.

Common data privacy risks in virtual learning (and how to avoid them)

What teachers and IT leaders can do today

Whether you’re in the classroom or the server room, here are concrete actions you can take to enhance privacy in your virtual learning environment.

For teachers:

• Ask your IT team which platform your school uses and where the data is hosted.
• Avoid using unauthorised tools like personal Zoom accounts for class.
• Always inform students and parents before recording sessions.
• Disable features like chat, screen sharing, or reactions when not needed.
• Log out of shared devices and encourage students to do the same.

For IT admins:

• Review your platform’s Data Processing Agreement (DPA) and Terms of Service.
• Ensure all data is stored in the EU and that no third-party trackers are embedded.
• Provide training and documentation to teachers about secure usage.
• Maintain internal records of data handling procedures and access logs.
• Regularly audit your virtual classroom tools for compliance and updates.

Digital Samba as a privacy-first virtual classroom provider 

If you’re currently exploring new platforms or looking to improve your current setup, Digital Samba is designed with education and privacy at its core.

Here’s what sets us apart:

• 100% EU-hosted infrastructure: No reliance on U.S. clouds or services.
  
  
• Fully GDPR-compliant, with customisable consent flows and legal documentation that can be easily accessed and downloaded on the website:
  • Legal Information - https://www.digitalsamba.com/legal-information
  • Data Privacy and Data Security: https://www.digitalsamba.com/data-privacy
• No data tracking or third-party ads.
  
  
• Education-focused features: Waiting rooms, moderation controls, class role management.
  
  
• Lightweight and embeddable: Perfect for LMS or school portal integration.
  
  
• Control over recordings and participant permissions at every level.
• Ease of use and setup for both teachers and students.

Digital Samba also supports integrations with learning tools and provides a record-free mode for ultra-sensitive environments, such as mental health or special education.

The takeaway: Empower privacy through choice

Educators today are not just content creators or curriculum experts—they’re also data guardians and have additional responsibilities when it comes to online learning.

By choosing privacy-focused tools, being proactive about best practices, and understanding legal responsibilities, you can create a safer and more effective learning space for every student.

Digital Samba is ready to support your school, university, or learning centre in creating secure, GDPR-compliant virtual classrooms—without compromising on usability or interactivity.

Frequently asked questions

What legal rules apply to virtual classrooms in the EU?

The General Data Protection Regulation (GDPR) applies across the EU and EEA and sets strict rules for how student data can be collected, processed, and stored. On top of that, individual member states may have national laws or education policies that further define what’s acceptable, especially in public schools. Local Data Protection Authorities often publish specific recommendations or requirements for virtual classroom platforms.

Can I use platforms like Zoom or Google Meet in EU schools?

It depends on your country and the type of school. While technically allowed if adequate safeguards are in place, many EU countries—especially Germany and France—discourage or restrict the use of U.S.-hosted platforms due to unresolved issues around data transfers and legal risk. Platforms hosted entirely in the EU are generally preferred for compliance and simplicity.

What is the digital age of consent for students?

Under GDPR, the default age is 16, but each EU country can lower it to 13. For example, it’s 16 in Ireland, 15 in France, and 13 in Sweden. If students are under this threshold, schools must collect verifiable consent from parents before using tools that process personal data, like video calls, chats, or recordings.

Do I need parental consent to record a virtual class?

In most cases, yes—especially if the class includes minors under the national digital age of consent. Consent should be explicit, informed, and documented. The platform should also provide tools to inform participants when recording is active and offer the option to opt out.

Is it mandatory to store student data in the EU?

It’s not strictly mandatory under GDPR, but storing data within the EU greatly simplifies compliance—especially after the Schrems II ruling. Many public sector guidelines now explicitly recommend or require EU-hosted platforms. Using a platform with EU-based servers, like Digital Samba, avoids the legal complexities of international data transfers.

What should schools look for in a GDPR-compliant virtual classroom?

Look for EU hosting, a clear privacy policy, no third-party tracking, parental consent features, role-based controls for moderation, and the ability to delete data upon request. Ideally, the platform should be built specifically for education, not repurposed from general business tools.

How can Digital Samba help schools stay compliant?

Digital Samba is a video conferencing solution built in Europe for privacy-sensitive use cases like education. It offers full GDPR compliance, EU data hosting, no tracking or ads, and powerful moderation features. It also supports token-based access, so students can join securely without needing to create accounts or share unnecessary data.

Sources

1. European Union. (2016). Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation).
2. U.S. Department of Education. (n.d.). Protecting Student Privacy (FERPA).
3. European Data Protection Board. (2020). Guidelines 05/2020 on consent under Regulation 2016/679.
   
4. Data Protection Commission Ireland. (n.d.). Children and Data Protection.
5. Future of Privacy Forum. (2020). Student Privacy Primer. 
6. European Union. (2016). Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation). Official Journal of the European Union, L119/1, Article 8. 
7. CNIL. (2021). Les outils numériques pour l’enseignement: recommandations pour les établissements scolaires. Commission Nationale de l’Informatique et des Libertés.
8. European Commission. (2016). Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation). Official Journal of the European Union, L119. ). Recommendations 01/2020 on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data. 
9. European Data Protection Supervisor. (2020). EDPS calls for a pan-European approach to digital education platforms. 
10. Landesbeauftragter für den Datenschutz und die Informationsfreiheit Baden-Württemberg. (2020). Empfehlungen zur Nutzung von Videokonferenzsystemen an Schulen.
11. AEPD. (2020). Guía para centros educativos: protección de datos y uso de tecnologías en el aula. Agencia Española de Protección de Datos. 
12. Garante per la protezione dei dati personali. (2022). Trattamento dei dati personali nelle istituzioni scolastiche.