What does UAVG say about children + digital consent?
Netherlands uses 16 as threshold for independent digital consent (UAVG Art. 5). Under 16 = parental consent mandatory. Stricter than many EU countries.
GDPR Art. 8 lets member states choose 13-16 years as threshold for digital consent. UAVG Art. 5: Netherlands chooses 16 years — stricter than UK/Spain (13), same as Germany. What falls under Art. 5? Information society services directly offered to children: social media (Instagram, TikTok, Snapchat), online games with social features, streaming platforms, dating apps (prohibited under 18). What must the platform do for under-16s? (1) "Reasonable effort" for age verification — not just a "I'm 16+" pop-up. (2) Obtain parental consent — usually via email verification or mobile €0.01 pay check. (3) No profiling / marketing targeting of child data. Not under Art. 5: preventive or care-related services (anonymous helplines for youth allowed without parental consent, EDPB guidance 2018). Fine examples: AP fine TikTok 2024 for processing child data without verification (€450k); Meta fine 2023 for advertising targeting of Instagram teens (EU-wide via EDPB). For parents: if your under-16 child has an account without parental consent — request erasure Art. 17 (right to be forgotten for minors, Art. 17(1)(f)). Platform must HONOUR this.
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