GDPR’s children data regime

US LAW MAGAZINE, Sprint 2022

The GDPR requires separate compliance for the processing of children’s personal data if an online or offline service in Europe or the UK is likely to be accessed by children. Although parental consent is required for the processing of children’s personal data, unless the child has reached the age of digital consent it is not always enough. Regulatory guidance has provided a complex picture of the children data regime, with the best interests of the child being the primary consideration in all decisions related to processing personal data. As such, organizations must demonstrate how their approach reflects the best interests of the child’s age and developmental capacity.