GDPR Consent Underage Children Procedure Checklist

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GDPR Consent Underage Children Procedure Checklist

To obtain valid consent from underage children under the General Data Protection Regulation (GDPR), follow this step-by-step checklist:

1. Age requirement: Be aware that the GDPR does not specify an exact age for obtaining consent, but it must be given or objected to by a person with legal capacity.
2. Parental Consent: If the child is under 13 years old (or 16 in some EU member states), obtain explicit consent from their parent or guardian.
3. Capacity assessment: Assess whether the underage child has sufficient understanding and capacity to give valid consent.
4. Information provision: Provide clear and concise information about the processing of personal data, including the purpose, duration, and rights related to their data.
5. Consent mechanism: Establish a consent mechanism that is easily accessible, transparent, and free from coercion or influence.
6. Record keeping: Maintain records of consent obtained, including the date, method, and person responsible for obtaining it.
7. Ongoing monitoring: Regularly monitor the child's understanding and capacity to give valid consent throughout their interaction with your organization.
8. Revocation rights: Inform the underage child of their right to revoke consent at any time.
9. Data protection officer (DPO): Ensure that your DPO is aware of this procedure and can provide guidance as needed.

By following these steps, you can ensure that you have obtained valid GDPR consent from underage children in accordance with EU data protection regulations.

Implementing a GDPR Consent Underage Children Procedure Checklist can benefit your organization in several ways:

• Ensures compliance with GDPR regulations regarding the processing of children's personal data
• Helps protect underage individuals from potential exploitation or harm online
• Demonstrates your organization's commitment to transparency, accountability, and child safety
• Reduces risks associated with non-compliance, such as fines or reputational damage
• Provides a clear framework for obtaining and managing consent from parents or guardians
• Helps maintain trust among customers, employees, and other stakeholders by demonstrating responsible data handling practices

1. Data Subject's Right to be Informed
2. Parental Consent Mechanisms
3. Age Verification Processes
4. Specific Requirements for Under-18s
5. Record Keeping and Accountability
6. Communication to Parents/Guardians