Since the initiation and boost of technology, online privacy has been the concern of the masses and regulatory bodies. Indubitably, issues like data privacy and data security have been the centre of national and international debate. Including adults, child privacy is also compromised in most instances for commercial or marketing purposes. Child privacy is highly at risk because of their due vulnerability. The exacerbation in vulnerability is because of their inability to understand the issues related to privacy and data breach. Lets discuss child privacy and consent management in detail below.
What is Child Privacy?
Have you ever accessed a website or online platform where your information, such as name and location etc., is required to give you access to the material or services?
The same is the case for websites or other online platforms which may garner the child’s interests. These websites may require the user to provide information like name, email address, phone number, social security number, location, etc. This information is important for the purpose of keeping an eye on the login or search patterns of a child to advertise relevant products to them.
However, this all activity becomes illegal without consent in spirits of child care and confidentiality policies present in legal frameworks like COPPA, GDPR, CNIL and Age Appropriate Design Code guidelines of the Information Commissioner’s Office (ICO).
All the websites must work in conformity to these laws. This is the utmost reason that a proper and comprehensively compliant consent management platform is an indispensable prerequisite. Try Seers Consent Management Platform to get your compliance journey. Obtain cookie consent management and a wide range of other privacy solutions.
What is the Importance of child privacy and consent management?
Child data privacy and confidentiality policy is the centre of global discussion and debates. Every child, like an adult, is entitled to the “right to have privacy”. Not being complied with these child privacy laws and acts can result in fines and punishments for websites and online platforms. To escape these fines and liabilities and align your website in conformity to the laws, rules, and regulations of GDPR, PECR, CCPA, and LGPD, check out the Seers Cookie Consent Banners and Child Privacy Management solutions. You can also minimize the data protection risk with the Seers Data Protection Impact Assessment (DPIA).
Child privacy Laws and Acts:
There are specific child privacy laws and acts which ensure child privacy in virtual space. With one click, gain Seers solutions like customizable cookie banners and manage consent through cookie consent management and subject request management solutions.
What are Child Privacy Laws in the UK?
In the UK, the law which protects child privacy is the General Data Protection Regulation (GDPR). The question that arises here is how GDPR protects child privacy. It is the toughest privacy and security law that safeguards all users’ online information regardless of age, gender, and ethnicity. It applies to all European countries and to the countries present in the European Economic Area. For more details on the GDPR role and the laws, check out Seers blogs.
What is Child Care Privacy And Confidentiality Policy? (Child privacy and consent management)
General Data Protection Regulation (GDPR) acknowledges that the child’s personal data also deserves special protection and safeguarding because of their less know-how of repercussions and risks of sharing data.
Usage of child’s data for marketing purpose is prohibited as per recital 38.
GDPR and GDPR-K:
The company’s reasonable efforts
Article 8 of GDPR provides a wide range of laws dealing with parental consent (in terms of procurement of child’s data).
Privacy and consent both matter!! Check out the Seers Child Privacy Consent Management totally complied with GDPR.
Who is “Child” in accordance to the GDPR-K?
Anyone who is 13 or under the age of 13 years is considered a child. GDPR has specified the age of consent as 16 years, yet it fully allows each member state to decrease the age of consent to a minimum of 13 years.
Article 8 and Child Privacy Regulations:
Some of the conditions which are applicable in accordance with article 8 in relations to the services provided by the information societies are given below:
As point (a) of Article 6 (1) regarding the services of the information society, particularly related to a child, says that the processing of data of a child shall be lawful where the child’s age is 16 years. This access to the data should also be provided by the guardian or someone holding parental responsibility towards the child. The guardian or parental consent is the must prerequisite if a child is below or is at the age of 13 years.
(2) The controller shall make all the efforts possible for the verification of the consent given or authorised by the guardian or by the person who possesses parental control of the child, keeping in consideration the available technology.
(3) Paragraph 1 will not affect the contract law of the Member states, especially such as the rules on the validity, the formation or effect in correspondence to a child.
What are Child-Friendly GDPR Notices?
Under the GDPR and ICO guidelines, websites and businesses must display child-friendly GDPR notices in understandable language. Mainly, these notices consist of the reasons collected from the users.
Child Privacy Banners: (Child privacy and consent management)
Some websites use banners to inform their customers. Want child privacy management solutions on your website? Don’t worry. You are just one click away. With Seers, customize and install privacy banners and manage consent via child consent management solutions.
Age Appropriate Designs Code (AADC) :
For strengthening the security and protection measures for the children, The Information Commissioner’s Office (ICO) of the UK requires the providers of online services and products to initiate and design new security designs. For instance, websites, games, apps, online platforms and connected toys will now have to adopt the means to protect the child’s data.
The ICO, in this regard, has also manufactured a framework which it calls the Age-Appropriate Design. In ICO’s view, this framework comprises the risk-based approach. It includes the setting that should be set to default for achieving high privacy.
The standards which ICO gives also include:
- Turn off child’s location.
- Set privacy settings on high by default.
- Discourage those technologies which harms child privacy
Seers Child Privacy and Consent Management Solution comply completely with ICO’s age-appropriate design & code of practice. Also equipped with services of central dashboard and reporting. Install in three minutes and start for free.
Article 8(2) of GDPR requires efforts by the company to verify parental consent for due processing of data of child. There are various templates available online. in accordance with the spirits of GDPR rules, such as Data Subject Consent Form etc. These forms are emailed.
Seers Child Privacy Consent Management Platform provides specific protection concerning children’s personal data. Compliant with GDPR, COPPA and ICO’s Age-appropriate design & code of practice.
Indeed, with the expansion of information and technology services in our lives. The risks of data breach and privacy are increasing with each passing day. On the contrary, organizations like the European Union (EU) and Information Commissioner Officer (ICO) are exhausting their best resources to safeguard individual privacy in virtual space.
Significantly, child privacy becomes the centre of constant danger because of their non-understandability of privacy concerns. So, many companies in this regard have faced fines and liabilities for not taking the proper measures to protect the data. However, online platforms and the websites that are hiring the services of cookie consent management, subject request management, arranging GDPR training for their staff are acting smart.
Undoubtedly, the laws like GDPR, LGPD, CCPA and PECR have given enough liberties and rights to users. For achieving GDPR compliance, check out the Seers website, where we are offering GDPR Audit and GDPR staff training. Also, obtain our Cookie consent management solutions to keep your website aligned with GDPR, PECR CCPA, LGPD laws and regulations.
How do I ensure that my website complies with GDPR-K and maintains child privacy and consent management?
It’s super easy. With the aid of the following steps:
- Review the Data collected on your website, such as surveys and forms etc.
- Remember that the Consent Management Platform (CMP) you are using complies with GDPR’s Article 8.
- The banners appearing on the website should be easy, understandable, and Child friendly.
- Opt CMP having cookie banners and allow the user to choose the information they want to share. And should also contain the list of reasons why you want to gather this information.
Have Seers Child Consent Management Platform containing highly customisable cookie banners.
How can I obtain consented data if a child is under the age of 16?
- Firstly, Under GDPR, it is illegal to obtain the unconsented data of a child. Anyone under the age of 13 or 13 years is considered a child under GDPR.
How should I know that my child is using a GDPR compliant website?
- Firstly, Just keep an eye that the website your child has accessed has consent banners or not?
- Secondly, Whether you are provided with the choice to select the personal data you want to share.
- Thirdly, Note that the website uses some kind of method or trick to lure your child into getting personal information?