Children and the GDPR—Code of Practice on age-appropriate design for providers of information society services
Children and the GDPR—Code of Practice on age-appropriate design for providers of information society services

The following Information Law guidance note provides comprehensive and up to date legal information covering:

  • Children and the GDPR—Code of Practice on age-appropriate design for providers of information society services
  • Scope of the Code
  • Key standards
  • Best interests of the child
  • Age-appropriate application
  • Transparency
  • Detrimental use of data
  • Policies and community standards
  • Default settings
  • Data minimisation
  • more

As explained further in Practice Note: Children and the GDPR, anyone wishing to process children’s personal data in the UK or EEA must comply with the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) regime as it applies under applicable national laws and derogations. The UK supervisory authority, the Information Commissioner’s Office (ICO), has made children’s data a regulatory priority.

Section 123 of the Data Protection Act 2018 (the DPA 2018) required the ICO to produce a statutory Code of Practice on age-appropriate design for providers of information society services (ISS) that process personal data and are likely to be accessed by children. The Code of Practice is to provide practical guidance about the standards expected by the ICO in that regard and may be submitted as evidence in court proceedings. For guidance on the meaning of the term ISS, see Practice Note: Children and the GDPR—Key concepts and definitions for the processing of children’s personal data.

On 15 April 2019, the ICO issued a draft version of the Code of Practice for consultation (the Code). For further background on the Code and that consultation, see News Analysis: ICO launches consultation on age-appropriate design: A code of practice for ISS.

In August 2019, the Information Commissioner provided an update on the (draft) Code, including that the consultation had prompted more than 450 written