Data Protection Act 2018

Codes of conduct: children

32. (1) Without prejudice to the generality of Article 40, the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of the Data Protection Regulation with regard to—

(a) the protection of children,

(b) the information to be provided by a controller to children,

(c) the manner in which the consent of the holders of parental responsibility over a child is to be obtained for the purposes of Article 8,

(d) integrating the necessary safeguards into processing in order to protect the rights of children in an age-appropriate manner for the purpose of Article 25, and

(e) the processing of the personal data of children for the purposes of direct marketing and creating personality and user profiles.

(2) For the purpose of considering whether a draft code of conduct or an extension or amendment to an existing code of conduct referred to in Article 40 provides sufficient appropriate safeguards referred to in that Article, the Commission may, where the draft, extension or amendment, as the case may be, concerns the application of the Data Protection Regulation to children, consult with such persons as it considers appropriate including—

(a) children and bodies who appear to the Commission to represent the interests of children,

(b) the holders of parental responsibility over children, and

(c) the Ombudsman for Children.