
In October 2024, I provided a whole series of Q&As on LinkedIn relating to legal issues owners of child-targeted businesses face. You can find the entire series here in this blog - a mini guide to some of the most commonly asked questions relating to compliance for child-centered businesses.
Q. What are children's data protection rights?
A. Children have the same data rights as adults, including access to how their data will be used, the right to object to processing, and the right to have data removed. However, in addition to standard data rights, children have enhanced protections. Therefore, businesses need to -
Make sure privacy information is presented in clear, age-appropriate language. 📄
Limit data collection to what is necessary and turn off features like geolocation by default. 🌐
Not use manipulative techniques (e.g., "nudge" tactics) to encourage children to share more data than needed. 🚫
Seek parental consent for children under 13. 👪
Q. Can I use photographs of children for my business marketing?
A. If you are running a business for children, such as extracurricular classes, then you may wish to use photographs featuring the children. If you're doing this, you should ensure images are appropriate and, most importantly, that you have written consent from their parent/carer. 📝
You may not use any photographs of children for whom you do not have consent, even if they are in the background of the image or turned away from the camera. Not only is this a privacy matter, but it can also be a safeguarding issue. 🔐
If a person can be identified from a photo or video, it is classed as personal data and should be treated as such - kept secure and not stored for longer than needed. 🗄️
Q. When is parental consent needed to collect children's data?
A. In the UK, children under 13 cannot provide consent for the collection or use of their personal data. Parental or guardian consent is mandatory in these cases. 👪
This applies to both online and offline data collection, including signing up for services, using websites, or enrolling in classes.
Parental consent must be informed, meaning they should understand how their child’s data will be used. Exceptions exist when data is needed for essential services like counselling or safeguarding, where parental consent may be bypassed - more on this later in the series. 🚸
Q. What is the Children’s Code, and why does it matter? 🧒
A. The Children’s Code is part of the Data Protection Act 2018 and is a set of 15 standards designed to safeguard children's privacy online. It applies to businesses providing online services that could be accessed by under-18s, whether intentionally targeting children or not.📱
For businesses, compliance is essential. They must ensure that their data collection is minimal and is all necessary for service delivery. Privacy policies should be clear, concise, and tailored for younger audiences. Data protection impact assessments (DPIAs) are also required to account for risks to children’s privacy. 💻
Check out my online shop if you need a template for a Child Friendly Privacy Policy: here
Q. What are the age restrictions for social media platforms regarding children?
A. In the UK, social media platforms typically require users to be at least 13 years old to create an account, in compliance with the UK’s data protection laws. This age limit helps protect children's online privacy.
Businesses must ensure they do not knowingly collect data from users under this age and should implement effective age verification measures. Additionally, they should monitor their platforms to prevent unauthorised access and potential legal ramifications associated with non-compliance. 🚫📱
Q. What consent do psychologists need when working with child clients?
A. When psychologists work with clients under the age of 16 in the UK, they must obtain informed consent from a parent or guardian. This involves clearly explaining the therapeutic process, including how personal data will be collected, used, and stored.
It’s essential to ensure that the child also understands the information in an age-appropriate manner. This approach not only safeguards the child’s privacy rights but also ensures compliance with data protection regulations, fostering a trusting environment for therapy. 🧠👪
Q. How can businesses with 18+ content prevent children from accessing their services? 🔞
A. Businesses offering 18+ content must implement robust age verification measures to restrict access to minors. This can include requiring users to enter their birth date, utilising third-party verification services, or employing document verification methods. Additionally, they should clearly state their age restrictions in user agreements and implement technical barriers, such as content filters.
Compliance with UK regulations, including the Digital Economy Act 2017, which mandates age verification for adult content, is crucial to mitigate legal risks and protect children from inappropriate material. 🚷
Q. What does UK law say about marketing products and services to children?
A. In the UK, marketing products and services to children is governed by various laws and guidelines, including the Advertising Standards Authority (ASA) Codes and the UK GDPR. 📜
Advertisements must not exploit children's inexperience or credulity and should be clearly identifiable as marketing. Special considerations apply to digital marketing, requiring transparency about data usage. Additionally, consent from a parent or guardian is required for sales involving personal data collection for children under 13. 🛒📋
Misleading advertising and aggressive marketing tactics targeting children are prohibited. 🚫
Q. How can we obtain valid parental consent for data collection?
A. To obtain valid parental consent for data collection, businesses should:
Provide Clear Information: Explain what data will be collected, how it will be used, and the reasons for collection. 📄
Use an Opt-In Mechanism: Implement a clear opt-in process, ensuring parents actively agree to data collection rather than being opted in by default. ✅
Age Verification: Verify the age of the child and confirm the identity of the consenting parent or guardian through reliable methods.🔍
Keep Records: Document consent and maintain records of how and when consent was obtained for compliance purposes. 🗂️
Review Consent Regularly: Periodically check if the consent remains valid and update it as necessary. 🔄
This approach helps ensure compliance with the UK GDPR and other regulations concerning children's data protection.
Q. What penalties might businesses face for non-compliance with child protection laws?
A. Businesses that fail to comply with child protection laws may face significant penalties, including fines, legal action, and damage to their reputation.
Violations of the UK GDPR and the Children’s Code can result in fines up to £17.5 million or 4% of annual global turnover, whichever is higher. Additionally, businesses may face enforcement actions from regulatory bodies, which can lead to restrictions on operations. 🚫💰
Aside from legal ramifications, businesses should also consider the reputational cost that can be suffered by companies who are not responsible in their marketing to children.
Q. What age verification processes should we implement for our online services?
A. To implement effective age verification processes, consider the following methods:
Date of Birth Entry: Require users to enter their date of birth when creating an account. 📅
Third-Party Verification Services: Utilize age verification services that validate users' ages through official documentation. 🔍
Parental Consent Mechanisms: For users under a specific age, obtain explicit parental consent before granting access. 👪
Digital Identity Verification: Use biometric verification, like facial recognition, where appropriate. 🆔
Implementing these measures helps ensure compliance with child protection laws.
Q. Are there any qualifications business owners are legally required to have when working with children in the UK?
A. There is no blanket law regarding qualifications for people working with children, though it is required in some professions, such as teaching. In the UK, working with children often means having to undergo -
DBS Check: A Disclosure and Barring Service (DBS) check is essential to ensure you are suitable to work with children. 🔍
Relevant Training: Qualifications in areas like child development, education, or safeguarding are often necessary, depending on your role. 📚
First Aid Training: Many roles require paediatric first aid training to ensure child safety. 🚑
Safeguarding Training: Completing safeguarding training is crucial for understanding how to protect children from harm. 🛡️
It's important to verify requirements based on your specific profession or sector.
Are you a small business or freelancer needing to know more about common legal queries? Follow me and benefit from my Lightbulb Series on LinkedIn - regular snippets of legal advice (just like above).
💡Still confused about your compliance requirements when working with children? Contact me with any queries you have.
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