Children’s data In the UK, the Age Appropriate Design There are fewer explicit references to Code (or Children’s Code) applies. It children’s personal data as a special is a statutory Code of Practice which case in the GDPR and UK GDPR than means its provisions can’t be directly you might expect, but the overall enforced but the ICO and the UK message is that you need to be extra courts will take them into account careful when processing personal when considering compliance with data of individuals you know to UK privacy law. Some EU countries be vulnerable and that will always (such as the Republic of Ireland) apply to children’s personal data. have detailed guidance provided The extra care needed will almost by data regulators on the use of certainly involve carrying out a Data children’s data and while such Protection Impact Assessment guidance does not have the same (DPIA) before the processing statutory status as the Children’s operation begins. Code, it will be very helpful in identifying regulators’ priorities. In essence, you need to be more transparent, more considered and The Children’s Code contains 15 more accountable with children’s standards for digital (information personal data and you need to society) services likely to be accessed ensure that all your communications by children (under-18s). This means with children are easy for them to it covers services which aren’t understand. Certain lawful bases necessarily targeted at children like consent and contractual but which are likely to be accessed necessity may be more difficult to by them. The standards set out the achieve. Protections need to be requirements that online service implemented at the design stage providers must meet to ensure their and not only privacy by design and services are suitable for children, default, but all the data principles going beyond the strict confines of need to be considered in the context data protection. of children’s data. Think of it as The ICO has been actively initiating (UK) GDPR++. audits of gaming companies’ use of 98