Nursery privacy notice and GDPR

Short answer: under UK GDPR, a nursery must tell parents, in clear language when it collects their data, who it is, what it collects, why and on what lawful basis, who it shares it with, how long it keeps it, and their rights, including complaining to the ICO. Since 19 June 2026 you must also have a clear way to make a data protection complaint and acknowledge complaints within 30 days. Most nurseries also pay the ICO fee: £52 a year for small settings.

Updated 4 November 2026, checked against ICO guidance and the EYFS framework in force from 1 September 2026. For the UK; EYFS points are England only. A guide, not legal advice.

What your privacy notice must include

SectionWhat to say
Who you areYour setting’s legal name, address and contact details, and your data protection officer’s details if you have one.
What you collectFor children: name, date of birth, address, parents and who has parental responsibility, emergency contacts, health, allergies, dietary needs, SEND, learning records, photos, attendance. For parents: contact details, payment and funding eligibility details.
Why, and your lawful basisFor example legal obligation (EYFS records, funding claims), contract (your childcare agreement), vital interests (medical emergencies), consent (photos for marketing) or legitimate interests. Health and SEND information is special category data and needs an extra condition too.
Who you share it withYour local authority (funded hours and early years data returns, some of which goes to DfE), Ofsted, health professionals, schools when a child moves on, children’s social care and the police where there’s a safeguarding concern, and suppliers such as your parent app or payroll provider.
Transfers abroadWhether any supplier stores data outside the UK, for example a learning journal app, and how it’s protected.
How long you keep itYour retention periods, or how you decide them. The EYFS says children’s records must be kept for a reasonable period after they leave (3.98).
Parents’ rightsAccess, correction, erasure, restriction, objection and data portability where they apply, and the right to withdraw consent at any time.
How to complainHow to complain to you about the use of personal data, and the right to complain to the ICO.
Whether they have to give itWhich information parents must give (for example emergency contacts) and what happens if they don’t.
Automated decisionsUsually none in a nursery. Say so.

Write it for parents, not lawyers: short sections, plain words, and examples from your setting. Most nurseries need separate notices for parents and children, staff and job applicants, plus a short notice for anyone filling in your website’s enquiry form.

What changed in 2026

What the EYFS says about records

The ICO fee

TierWhoFee a year
1Turnover up to £632,000, or no more than 10 staff. All charities.£52
2Turnover up to £36 million, or no more than 250 staff£78
3Everyone else£3,763

Part-time staff count as one each. Childminders usually fall in tier 1. Use the ICO’s self-assessment to check whether you’re exempt.

Photos, apps and your website

A privacy page is also one of the things our free website checker looks for.

Questions

Does a nursery need a privacy notice?

Yes. Under UK GDPR, anyone collecting personal data must tell people what they collect, why, who it’s shared with, how long it’s kept and what their rights are, at the time it’s collected. For a nursery that means parents, children, staff and job applicants.

Do nurseries have to pay the ICO fee?

Most do. The data protection fee is £52 a year for organisations with a turnover up to £632,000 or no more than 10 staff, £78 for up to £36 million or 250 staff, and £3,763 above that. Charities pay the £52 tier. Some organisations are exempt: check the ICO’s self-assessment.

What changed in data protection law in 2026?

All provisions of the Data (Use and Access) Act 2025 were in force by 19 June 2026. One that affects every nursery: you must give people a clear way to make a data protection complaint, acknowledge it within 30 days, investigate it and tell them the outcome. Your privacy notice should explain how.

Can a nursery share information without consent?

Yes, where there’s another lawful basis. Safeguarding concerns must be shared with children’s social care and, in an emergency, the police (EYFS 3.9), and data protection law doesn’t stop you doing that. Funding claims to the local authority rely on legal obligation, not consent.

Do parents have to consent to photos?

For photos used on your website, social media or in marketing, consent is the usual basis, and parents can withdraw it at any time. Photos in a child’s learning record usually rely on a different basis. Never show sleeping children or anything that identifies a child’s location online.

Can parents see their child’s records?

Yes. EYFS paragraph 3.97 says parents must be given access to all records about their child unless a Data Protection Act exemption applies, and they also have the UK GDPR right of access.

Where should the privacy notice go?

On your website, linked from every page footer and from any form that collects personal data, such as your enquiry or waiting list form. Give a copy, or the link, in your registration pack too.

Sources

More guides: all our guides for nurseries, childminders and schools.

Is your privacy notice on your website?

Every website we build includes a privacy page linked from every page and every form. Send us your setting’s name and we’ll check your current site within two working days. Free, and no sales call unless you ask for one.

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