Direct answer · GDPR
Children's consent
In the Netherlands from the age of 16. Where an online service is offered directly to a child and consent is the legal basis, that consent is lawful if the child is at least 16 years old; below that age the consent of the holder of parental responsibility is needed (Article 8(1)). Member States may set a lower age, but not below 13. The Netherlands has not done so: the Dutch GDPR Implementation Act also uses the age of sixteen (Article 5(1) UAVG). The organisation makes reasonable efforts to verify that consent (Article 8(2)).
For you to establish
- Is the service offered directly to children?
Articles
- Art. 8(1) GDPR Age limit of 16; Member States may lower it to 13.
- Art. 8(2) GDPR Reasonable efforts to verify consent.
- Art. 5(1) UAVG Below the age of sixteen, consent is given by the legal representative.
Guidelines and decisions
- Guidelines 05/2020 on consent under Regulation 2016/679 (EDPB, v1.1, 2020-05-04)Guidelines on consent, with a section on children.
Read the article Check your own case General interpretation, not legal advice. The official source remains authoritative.
