3 min read

Writen by Zlatko Delev

Posted on: July 9, 2021

Dealing with Children’s Data

According to the GDPR, children merit specific protection with regard to their personal data, as they may be less aware of the risks, consequences and safeguards concerns and their rights in relation to the processing of personal data.

Definition under the GDPR

Any information given to, or provided in communication with, a child must be in “such a clear and plain language that the child can easily understand”.

Where a child asks a business to provide a service for which payment is normally made, parental consent will be required unless the child is aged 16 years or over.

How does GDPR Age of consent differ across EU ?

Many EU member countries have the same age as the UK, with only one or two older and surprisingly some nations having no provisions at all.

  • Austria – 14 years old
  • Belgium – 13 years old
  • Czech Republic – 15 years old
  • Denmark – 13 years old
  • Finland – 13 years old
  • France – 15 years old (or younger with parental consent)
  • Germany – None
  • Hungary – None
  • Ireland – 16 years old
  • Italy – 14 years old
  • Netherlands – 16 years old
  • Poland – None
  • Slovakia – 16 years old
  • Spain – 14 years old
  • Sweden – 13 years old

What should your business be doing?

First, consider whether any of your services are targeted at children, or used by children. If so, it is important to ensure that your terms and conditions are up to date and satisfy the “clear and plain language” requirement.

Secondly, if your business does process any personal data relating to children, review how you obtain consent at the point of collecting that data. Do you take steps to verify the child’s age? Are those steps reasonable? And if the child is under 13 years old (in the UK), how can you ensure that you obtain the consent of someone with parental responsibility for that child?

And then take steps to ensure that, should a data subject ever look to exercise its rights under the GDPR, you verify the age of the data subject before responding …and if the data subject is a child, ensure you respond in suitable language. Or potentially, if the child is particularly young, consider responding instead to somebody with parental responsibility for the child.

Contact Us

Hope you find this useful. If you need an EU Rep, have any GDPR questions, or have received a SAR or Regulator request and need help then please contact us anytime. We are always happy to help...
GDPR Local team.

Contact Us

Recent blogs

EU AI Act Summary: Key Compliance Insights for Businesses

The EU AI Act is a pioneering attempt to regulate AI systems, striving for a balance between foster

AI Act: Fundamental Rights Impact Assessments (FRIA) – Who, When, Why, and How to Ensure Ethical AI Deployment

The European Union (EU) has positioned itself as a leader in shaping the responsible development an

How the Privacy Act Protects Personal Information in Australia

 As cyber threats loom larger and data breaches become more common, the significance of strong

Get Your Account Now

Setup in just a few minutes. Enter your company details and choose the services you need.

Create Account

Get In Touch

Not sure which option to choose? Call, email, chat to us

Contact Us

Stay Up-To-Date

Leave your details here and we’ll send you updates and information on all aspects of GDPR and EU Representative. We won’t bombard you with emails and you will be able to tell us to stop anytime.

Full Name is required!

Business Email is required!

Company is required!

Please accept the Terms and Conditions and Privacy Policy