Caracteristicile prelucrării datelor cu caracter personal ale copiilor în temeiul Regulamentului (UE) 2016/679
Characteristics of the processing of children's personal data under Regulation (EU) 2016/679

Summary/Abstract: Regulation (UE) 2016/679, although not separately regulating the situation in which data subjects are children, refers, in the Preamble, to the fact that they need specific protection of their personal data, as they may be less aware of the risks, the consequences, the guarantees in question and their rights with regard to the processing of personal data. Starting from this statement, it is natural to have some peculiarities of the way in which children can exercise their rights as data subjects – alone or assisted / represented by an adult, holder of parental responsibility –, of the way in which they should be informed, as well as how consent can be obtained when the processing is in relation to the offer of information society services directly to a child. Age is not the only criterion to be considered by operators, but it must be corroborated with other elements, such as the degree of maturity of the child, the nature of the right exercised, the risks to the child, the context of processing and the nature of data processed.

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