Article 8. Consent of children in relation to information society services

(1) Where art. 6(1)(a) 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 14 years old. Where the child is below the age of 14 years, such processing shall be lawful only if and to the extent that such consent is given or authorised by the child’s legal representative.

(2) The controller shall make reasonable efforts to verify whether consent has been given or authorised by the legal representative, taking into consideration available technology.

(3) Paragraph (1) shall not affect general contract law, such as the rules on the validity, formation or effect of a contract in relation to a child.