# Conditions applicable to child's consent in relation to information society services — GDPR — context bundle

> Focused context for a single provision, curated from overview.legal on 2026-08-22. Canonical page: https://overview.legal/laws/gdpr/art-8
> Every item cites its source. Verify against the official text (EUR-Lex / wetten.overheid.nl) before relying on it.

## Provision

### Conditions applicable to child's consent in relation to information society services — Conditions applicable to child's consent in relation to information society services

*GDPR, gdpr-art-8-en — https://overview.legal/laws/gdpr/art-8*

1. Where point (a) of Article 6(1) 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 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child.
   - Member States may provide by law for a lower age for those purposes provided that such lower age is not below 13 years.

2. The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child, taking into consideration available technology.

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

## Related recitals

### Recital 1 — fundamental right to personal data protection

The protection of natural persons in relation to the processing of personal data is a fundamental right. Article 8(1) of the Charter of Fundamental Rights of the European Union (the ‘Charter’) and Article 16(1) of the Treaty on the Functioning of the European Union (TFEU) provide that everyone has the right to the protection of personal data concerning him or her.

## Enforcement

9 decision(s) on record cite Article 8, totalling approximately €20,243,000 in fines (median €51,000).

Top fines:
- **Reddit, Inc.: Non-compliance with general data processing principles** (United Kingdom, €16,610,000) — https://overview.legal/posts/53525
- **Dutch Minister of Finance: Insufficient legal basis for data processing** (THE NETHERLANDS, €2,750,000) — https://overview.legal/posts/47061
- **TECHPUMP SOLUTIONS S.L.: Non-compliance with general data processing principles** (SPAIN, €525,000) — https://overview.legal/posts/47601
- **Creditinfo Lánstraust hf.: Insufficient legal basis for data processing** (ICELAND, €257,000) — https://overview.legal/posts/48067
- **eCommerce 2020 ApS: Insufficient legal basis for data processing** (ICELAND, €51,000) — https://overview.legal/posts/48063

## Guidance

### Guidelines on processing of personal data through blockchain technologies

*EDPB — https://overview.legal/posts/125668*

Guidelines 02/2025 on processing of personal data through blockchain technologies Version 2.0 Adopted on 07 July 2026 1 | Adopted Version history Version Date Adoption information version 1.1 08 April 2025 adoption of the guidelines before public consultation version 2.0 07 July 2026 adoption of the guidelines after public consultation 3 | Adopted 4 | Adopted The European Data Protection Board Having regard to Article 70 (1)(e) of the Regulation 2016/679/EU of the European Parliament and of the…

### Opinion 15/2026 on the Europrivacy certification criteria regarding their approval by the Board as European Data Protection Seal to be used as tool for transfers pursuant to Articles 42 and 46 GDPR

*EDPB — https://overview.legal/posts/125681*

Opinion 15 / 2026 on the Europrivacy certification criteria regarding their approval by the Board as European Data Protection Seal to be used as tool for transfers pursuant to Articles 42 and 46 GDPR Adopted on 15 April 2026 1 | Adopted 2 | Adopted The European Data Protection Board Having regard to Article 63, Article 64(2), Article 42 and Article 46 of the Regulation 2016/679/EU of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to…

### Opinion 14/2026 on the Europrivacy certification criteria regarding their approval by the Board as European Data Protection Seal pursuant to Article 42.5 GDPR

*EDPB — https://overview.legal/posts/125682*

Opinion 14 / 2026 on the Europrivacy certification criteria regarding their approval by the Board as European Data Protection Seal pursuant to Article 42.5 GDPR Adopted on 15 April 2026 1 | Adopted 2 | Adopted The European Data Protection Board Having regard to Article 63, Article 64 (2) and Article 42 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free…

### EDPB Annual Report 2025

*EDPB — https://overview.legal/posts/125683*

Clarity in action: Supporting stakeholders through guidance and dialogue Annual Report 2025 Foreword 3 Highlights 4 1. The EDPB Secretariat 6 1.1 Mission And Activities 8 2. European Data Protection Board – Activities in 2025 12 2.1 Bridging Fundamental Rights and Digital Innovation Through GDPR Compliance 12 2.1.1 Helsinki high-level meeting: enhanced clarity, support and engagement 12 2.1.2 Regulation on procedural rules and Omnibus regulation on the record of processing 14 2.1.3 Cross…

### Report on stakeholder event on processing of personal data to target or deliver political advertisements

*EDPB — https://overview.legal/posts/125684*

Report on stakeholder event on processing of personal data to target or deliver political advertisements 27 March 2026 1. Background The EDPB organised an online stakeholder event on 27 March 2026 to collect stakeholders’ input on processing of personal data to target or deliver political advertisements. The objective was to engage with stakeholders at an early stage of drafting the EDPB Guidelines on the processing of personal data to target or deliver political advertisements (Chapter III of…

## Related topics

- **Child Consent** — https://overview.legal/topics/child-consent-information-society-services
  ## Legal Framework
- **Minors** — https://overview.legal/topics/minderjarigen
  ## Legal Framework
- **Consent** — https://overview.legal/topics/toestemming
  ## Legal Framework

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Generated by overview.legal · https://overview.legal/laws/gdpr/art-8 · 2026-08-22
