Children & Online Consent - A GDPR Update

Introduction

This webinar is intended to assist data controllers and those dealing with data subjects who deal or who may need to deal with the personal data of those who are children or minors.

Since the introduction of the General Data Protection Regulation (‘GDPR’) in the European Union there have been a number of legislative and regulatory decisions that have clarified our understanding of the applicable law when it comes to dealing with the personal data of minors.

This webinar considers the question of obtaining consent from minors in the EU/EEA/UK. The potential for divergence between UK law and that of the EU is discussed following the departure of the latter from the EU. This webinar also considers the business risks for any data controller dealing with the personal data of minors where those minors may be in the EU/EEA or in the UK or another third country.

Risks considered include those which may arise but which have not yet resulted in action by regulators or by affected parties.

What You Will Learn

This webinar will cover the following:

• The basics of data protection law as applied to minors
• The provisions in the de-facto internet standards derived from the US COPPA
• Comparison with e.g. contract law and medical practice as applied to children
• The GDPR as it relates to minors
• The Member State derogations as they relate to minors in different Member States
• The UK position under the Data Protection Act 2018 and the so-called ‘UK GDPR’
• The complexities and risks for UK based data controllers introduced by 'Brexit'
• Regulatory guidance in UK and Ireland and from the EC and EDPB relating to the personal data of minors
• Considerations regarding data transfer internationally following ‘Brexit’ and the decision of the ECJ in Schrems II
• Some post-implementation decisions of regulators which inform reading of the law
• The new French law requiring data controllers to obtain express parental consent under certain circumstances
• Recent decisions including:
• The Skellefteå school surveillance case (Sweden)
• European regulatory concerns regarding TikTok
• A case in the English Courts regarding child consent and TikTok (England)
• The BEUC complaint against TikTok (EU-wide)
• Meta/Facebook’s woes (EU-wide)

This webinar was recorded on 26th September 2023

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