Art. 14 The processing of personal data belonging to children and adolescents shall be done in their best interest

Art. 14

The processing of personal data belonging to children and adolescents shall be done in their best interest, pursuant to this article and specific legislation.

§1 The processing of children’s personal data shall be done with specific and highlighted consent given by at least one of the parents or the legal representative.

§2 When processing data as mentioned in §1 of this article, controllers shall make public the information about the types of data collected, the way it is used and the procedures for exercising the rights of data subjects referred to in Art. 18 of this Law.

§3 Children’s personal data may be collected without the consent mentioned in §1 of this article when the collection is necessary to contact the parents or the legal representative, and as long as the data are used one single time and not stored, or for their protection, and under no circumstances shall the data be passed on to third parties without consent as provided in §1 of this article.

§4 Controllers shall not condition the participation of data subjects, as referred to in §1 of this article, to games, internet applications or other activities for providing personal information beyond what is strictly necessary for the activity.

§5 The controller shall use all reasonable efforts to verify that the consent referred to in §1 of this article was given by the child’s representative, considering available technologies.

§6 Information on the processing of data referred to in this article shall be provided in a simple, clear and accessible manner, taking into account the physical-motor, perceptive, sensorial, intellectual and mental characteristics of the user, using audiovisual resources when appropriate, in order to provide the necessary information to the parents or the legal representative and that is appropriate for the children’s understanding.