This briefing will compare the draft "Fundamentals for a
child oriented approach to data processing" (the
"Fundamentals") recently released by the
Data Protection Commission of Ireland (the
"DPC") with the Age Appropriate Design
Code (the "AADC") produced by the
Information Commissioner's Office in the UK (the
"ICO"). The AADC was adopted in
September 2020 and organisations have until 2 September 2021 to
comply. See our briefing on the Fundamentals
here.
The Fundamentals apply to both online and offline services that
are directed at / intended to be accessed by children. The
Fundamentals are broader than the AADC, as in contrast the AADC is
focused on the privacy-by-design features that must be engineered
into services used by children. Nevertheless, the Fundamentals are
consistent with the AADC, in particular as the principle of the
best interests of the child underpin both the AADC and the
Fundamentals. Under the AADC the best interests of the child should
be a
