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ARTICLE · 04 JANUARY 2018

Draft Guidance On Children And The GDPR

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Children require 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.

European UnionPrivacy
Clare Daly
Clare Daly
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Children are provided a specific protection under the GDPR. Recital 38 of the GDPR states that:

"Children require 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.

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.

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

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