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Requirements for processing children's data under CCPA and GDPR

The processing of children's data is an important issue in today's digital environment. How do CCPA (California Consumer Privacy Act) and GDPR (General Data Protection Regulation) regulate these matters? This article explores the requirements for processing children's data under these legislations.

Key CCPA requirements for processing children's data

1. Age of the Child: 

CCPA protects data for children under 13 years old. Companies must obtain parental or guardian consent before collecting a child's data.

2. Consent:

If a child is younger than 13, parents must be given the opportunity to provide or withdraw their consent for data processing.

3. Notification: 

Organizations must clearly inform parents about the types of data collected and their usage.

Key GDPR requirements for processing children's data

1. Age of the Child: 

GDPR protects data for children under 16 years old, though EU countries can lower this to 13 years.

2. Consent: 

If processing is based on consent, organizations must obtain parental consent if the child is younger than 16.

3. Right to Access: 

Children have the right to access their data and can request its deletion.

4. Notification: 

Organizations must provide clear information about data processing that is accessible to children.

How organizations can ensure compliance

1. Age Verification: 

Implement mechanisms to verify users' ages to identify children under 13 or 16.

2. Parental Consent: 

Develop simple and understandable forms for obtaining parental consent.

3. Privacy Policies: 

Update privacy policies to clearly reflect practices for processing children's data.

4. Staff Training: 

Conduct training for employees to raise awareness of legal requirements.

Processing children's data is a particularly sensitive issue under data protection legislation. Both the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR) establish specific requirements for handling children's data. Before collecting or processing data from minors, organizations must comply with the relevant regulations.

Under GDPR, individuals under 16 cannot consent to their data being processed without parental permission. For instance, a company offering online games for children must obtain confirmation from parents before collecting any data. This means the company should implement a mechanism to easily verify the user's age and obtain consent.

CCPA also emphasizes parents' rights to control the processing of their children's personal data. If a company collects data from children under 13, it must provide parents with the option to opt out of data collection. For example, an online store should clearly state on its website that it does not collect children's data without parental consent.

Both regulators require companies to implement measures to protect children's personal data. This can include using encryption for data storage, conducting regular security audits, and training employees on data protection principles. For instance, a mobile app developer for children should educate its team on data security issues to avoid leaks or misuse of information.

Thus, compliance with CCPA and GDPR requirements in processing children's data is essential for protecting children's rights and ensuring parental trust. Companies that take these regulations seriously can strengthen their reputation and avoid legal repercussions.

Conclusion

Processing children's data under CCPA and GDPR requires serious attention and compliance with strict requirements. Companies that collect and process children's data must be particularly vigilant about protecting privacy and children's rights. Understanding and adhering to these requirements not only helps avoid penalties but also strengthens consumer trust.

Contact us for consultations on processing children's data!

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‍Contact us: business@avitar.legal

Authors:

Serhii Floreskul

,

Violetta Loseva

,

10.3.2024 13:58
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