Resource Page Lesson Day 2 - Special Persons

Expert Comment

Examples

Resources

GDPR References

Art. 8 GDPR - Conditions applicable to child's consent in relation to information society services

1. Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old.

2. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility for the child.

3. Member States may provide by law for a lower age for those purposes provided that such lower age is not below 13 years.

4. The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility for the child, taking into consideration available technology.

5. Paragraph 1 shall not affect the general contract law of the Member States such as the rules on the validity, formation or effect of a contract in relation to a child.

Suitable Recitals

(38) Special protection of children's personal data

(58) The principle of transparency

Recital 38 - Special protection of children's personal data*

1. Children merit specific protection with regard to their personal data, as they may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the processing of personal data.

2. Such specific protection should, in particular, apply to the use of personal data of children for the purposes of marketing or creating personality or user-profiles and the collection of personal data with regard to children when using services offered directly to a child.

3. The consent of the holder of parental responsibility should not be necessary for the context of preventive or counselling services offered directly to a child.

Recital 58 - The principle of transparency*

1. The principle of transparency requires that any information addressed to the public or to the data subject be concise, easily accessible and easy to understand, and that clear and plain language and, additionally, where appropriate, visualisation be used.

2. Such information could be provided in electronic form, for example, when addressed to the public, through a website.

3. This is of particular relevance in situations where the proliferation of actors and the technological complexity of practise make it difficult for the data subject to know and understand whether, by whom and for what purpose personal data relating to him or her are being collected, such as in the case of online advertising.

4. Given that children merit specific protection, any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.

* This title is an unofficial description.