Q&As

When preparing a privacy notice for a computer game aimed at subscribers who are over the age of 18, should the privacy information be understandable for children as well as the over 18 users?

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Published on LexisPSL on 02/04/2019

The following Information Law Q&A provides comprehensive and up to date legal information covering:

  • When preparing a privacy notice for a computer game aimed at subscribers who are over the age of 18, should the privacy information be understandable for children as well as the over 18 users?
  • Who is a child for the purposes of the GDPR?
  • How do the transparency obligations apply to children?
  • Understanding the audience

For the purposes of this Q&A we have focused on the transparency obligations under Regulation (EU) 2016/679, the General Data Protection Regulation (the GDPR), and not on other issues, such as consent to the processing of personal data. For further guidance on consent by children, including in the context of the information society services, see Practice Note: Children and data protection law.

Who is a child for the purposes of the GDPR?

As explained in Practice Note: Children and data protection law, the Information Commissioner’s Office (ICO), in its guidance on Children and the GDPR, considers that a ‘child’ is anyone under the age of 18. This is in accordance with the UN Convention on the Rights of the Child, ratified by the UK, which defines a child as anyone under 18, unless ‘under the law of applicable to the child, majority is attained earlier’.

How do the transparency obligations apply to children?

As also discussed in Practice Note: Children and data protection law, children have the same rights as adults to be informed about the processing of their personal data. Article 12 of Regulation (EU) 2016/679, GDPR sets out the general transparency requirements for:

  1. the provision of information to data subjects

  2. communications with data subjects concerning the exercise of their rights

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