Conditions for children's consent regarding information society services
Where Article 6(1)(a) applies in relation to a direct offer of information society services to a child, the processing of a child's personal data is lawful if the child is at least 16 years old. Where the child is below 16 years of age, such processing shall be lawful only if and to the extent that consent or authorization to consent in this regard is given by the person who has parental responsibility for the child.
Member States may provide for a lower age in this regard by law, provided that such age is not below 13 years.
Subject to available technology, the controller shall make reasonable efforts to verify in such cases that the person with parental responsibility for the child has given consent or authorized consent.
Paragraph 1 is without prejudice to the general contract law of Member States, such as rules on the validity, formation or effect of contracts in relation to children.
