1Children merit specific protection with regard to their personal data, as they may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the processing of personal data. 2Such specific protection should, in particular, apply to the use of personal data of children for the purposes of marketing or creating personality or user profiles and the collection of personal data with regard to children when using services offered directly to a child. 3The consent of the holder of parental responsibility should not be necessary in the context of preventive or counselling services offered directly to a child.
* This title is an unofficial description.
Why Recital 38 Matters for GDPR Compliance?
Recital 38 emphasizes that children deserve specific protection regarding their personal data, as they may be less aware of the risks and consequences of data processing. This protection is especially relevant in the context of online services, marketing, and profiling. Organizations must take extra care when processing children’s data, including ensuring appropriate consent mechanisms and clear communication tailored to a child’s understanding.