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Hear GDPR

Article 8

Hear GDPR

Hear GDPR

Government

51 Ratings

🗓️ 24 February 2021

⏱️ 1 minutes

🧾️ Download transcript

Summary

This episode is also available as a blog post: https://heargdpr.wordpress.com/2021/02/22/article-8/

Transcript

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0:00.0

Article 8. Conditions applicable to child's consent in relation to information

0:07.8

society services. 1. Where point A of Article 6.1 applies, in relation to the offer of

0:15.0

information society services directly to a child, the processing of the personal data of a child

0:20.1

shall be lawful where the child

0:21.5

is at least 16 years old. Where the child is below the age of 16 years, such processing shall be

0:27.6

lawful only if and to the extent that consent is given or authorized by the holder of parental

0:32.2

responsibility over the child. Member states may provide by law for a lower age for those purposes provided that

0:38.9

such lower age is not below 13 years. 2. The controller shall make reasonable efforts to verify in

0:45.8

such cases that consent is given or authorized by the holder of parental responsibility over the

0:50.6

child, taking into consideration available technology.

1:00.1

3. Paragraph 1 shall not affect the general contract law of member states such as the rules on the validity, formation or effect of a contract in relation to a child.

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