Consent and minors
Consent and minorsThe GDPR seeks to protect all data subjects in the EU. In the modern age of digital technologies and widespread use of social media, children, their rights and interests should not be forgotten because they also make part of the group of individuals whose personal data can be processed. Children are in need of specific protection with respect to their personal data as indicated in Recital 38 of the Regulation. They are not as well-informed about their rights and adults, and their rights thus require sufficient protection. There are provisions in the GDPR specifically focusing on minors.Article 8 GDPR specifically deals with the issue of providing consent and children. When information society services are provided directly to a child that needs to give consent, the processing of personal data of a child can be lawful if the child is at least 16 years old. If a child is younger than 16 years, the processing can be considered lawful only when consent is given and authorised by the parent or legal guardian of the child. These requirements do not affect the general contract law of EU Member States such as the rules on the validity, formation or effect of a contract in relation to children. It is allowed for EU Member States to introduce laws that set a lower age threshold for these purposes: the age of a child, however, cannot be lower than 13 years. It is a task of the controller to use all available technology in order to verify that consent is indeed given or is authorised by the parent or legal guardian.
Understanding the GDPR
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