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Regulation (EU) 2016/679 of the European Parliament and of the CouncilShow full title
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (United Kingdom General Data Protection Regulation)(Text with EEA relevance)
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- Revised 04/05/20160.59 MB
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Regulation (EU) 2016/679 of the European Parliament and of the Council, Article 8 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Article 8U.K.Conditions applicable to child's consent in relation to information society services
1.Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least [F113 years old]. Where the child is below the age [F2of 13 years], such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child.
F3...
2.The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child, taking into consideration available technology.
3.Paragraph 1 shall not affect the general contract law [F4as it operates in domestic law] such as the rules on the validity, formation or effect of a contract in relation to a child.
[F54.In paragraph 1, the reference to information society services does not include preventive or counselling services.]
Textual Amendments
F1Words in Art. 8(1) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 8(2)(a) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 8(1) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 8(2)(b) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 8(1) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 8(2)(c) (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 8(3) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 8(3) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F5Art. 8(4) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 8(4) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
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