← GDPR · Lawfulness

Art.8 — Conditions for a child's consent to online services

high consentlawful-basischildren

Requirement

Where consent is the basis for offering an information society service directly to a child, processing is lawful only if the child is at least 16 — or a lower age set by the Member State, not below 13 — or if consent is given or authorised by the holder of parental responsibility, and the controller makes reasonable efforts to verify this.

UK GDPR: UK GDPR sets the age of digital consent at 13, and the ICO's Age Appropriate Design Code applies to online services likely to be accessed by children.

What the engine looks for

Every group below must be satisfied — by an affirmative statement, not a plan, a hedge or a denial — for the control to count as covered. A term ending in … matches any word it begins. Supporting terms do not change the verdict — they raise confidence and distinguish a policy that names a mechanism from one that gestures at a category.

Required element 1 — any one of
childchildrenminorsunder 16under 13under the age ofage of digital consent
Required element 2 — any one of
parentparentalguardianage verificationverify ageage assurancenot directed atnot intended for
Supporting terms — specificity signals
article 8reasonable effortsage gate1613member state
Contradiction markers

Finding any of these outranks coverage — a policy that admits the gap is worse than silence.

knowingly collect data from children without

Equivalent controls elsewhere

Matched on shared topics. Satisfying this control usually moves these too.

FrameworkControlTitleShared topics
NDPA 2023 s.31 Processing the data of children and persons lacking capacity consent lawful-basis children
CCPA/CPRA 1798.120(c)-(d) Opt-in consent to sell or share minors' information children consent
COPPA 312.4(b)-(c) Direct notice to parents consent children
COPPA 312.5 Verifiable parental consent before collection consent children
COPPA 312.5(a)(2) Separate consent before disclosing children's data to third parties consent children
NDPA 2023 s.25 Lawful basis for processing lawful-basis consent
CCPA/CPRA 1798.120 Right to opt out of sale and sharing consent
CCPA/CPRA 1798.121 Right to limit use of sensitive personal information consent