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 personal data of a child shall be lawful if the child is at least 16 years of age. Where the child is under 16 years of age, such processing is lawful only if and to the extent that the consent or authorisation to consent is given in this context by the person having parental responsibility for the child.
Member States may provide by law for a lower age in this regard, 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.
