Age appropriate design – the ICO consults on its new code aiming to protect children online
The Information Commissioner’s Office has released its new code on age-appropriate design (the “Code”) for consultation. The Code includes 16 standards, aimed at protecting children’s privacy, which must be met by online providers offering products or services.
The Code applies to all providers of online products or services that process personal data and that are likely to be accessed by children in the UK. Those who do not think their sites fall within scope will need verifiable evidence demonstrating that the site is not being used by under 18s or they must impose robust age-gating on their sites.
The Code imposes strict requirements which, if met, will help providers demonstrate their compliance with both the GDPR and PECR. Failure to comply may result in regulatory action.
The 16 standards of age-appropriate design imposed by the Code will have a significant impact on website design and many providers will need to make substantial design and operational changes to existing sites to ensure compliance. Standards include:
- Best interests: website design and development should have the child’s best interests in mind;
- Privacy information: the privacy information provided to users must be suitable to the anticipated audience age range (think privacy policies and notices drafted specifically for children);
- Data use: children’s personal data must not be used in ways that are detrimental to their wellbeing or that go against any recognised advice / regulatory requirements;
- High privacy default: website default settings must be ’high privacy’ by design;
- Tracking turned off: unless there is a compelling reason not to, geolocation options and profiling must be turned off by default;
- Nudging: nudge techniques aimed at encouraging children to provide unnecessary personal data are banned;
- Training: all staff involved in design and development of online services which may be accessed by children must be trained to ensure sufficient knowledge and compliance.
The Code is out for consultation until the end of May after which the final version will be presented to Parliament. It is expected to come into effect before the end of 2019. The Code will be the first of its kind and is expected to become an international benchmark.
For more information on this topic, please contact Caroline Swain on +44 (0)20 7203 5158 or at Caroline.Swain@crsblaw.com.
Sponsor Licence Compliance: Key considerations & how to be audit ready
Join us for the third in our series of mini webinars on post Brexit immigration about sponsor licence compliance.
The Future of Property Careers
Join to our panel discussion and Q&A with industry leaders on the range of opportunities within the property and construction sector.
Data Protection: All roads lead back to the GDPR
Across the globe, jurisdictions continue to develop their data protection and privacy laws.
New tax on property developers - consultation paper published
The government published a consultation paper on the design of the new residential property developers tax.
Procuring modular housing: Is MMC becoming mainstream?
Is Modern Methods of Construction becoming mainstream? Read what it means for Development and Procurement here.
Dual class share structures: how do they work and what are the pros and cons?
Dual class share structures allow a shareholder, for example the founder, to retain voting control over a company.
Q&A: Talking the telecoms talk
Georgina Muskett and Jonathan Wills answer queries on Electronic Communications Code agreement.
Property Patter: Navigating the complexities of Pharmacy Property
Pharmacy property is a specialist area which contains many traps for the unwary.
COVID-19 Vaccination – can an employer make it compulsory for employees?
We review what legal issues to take into account when considering to make vaccination compulsory as an employer.
Music to our ears? Well, perhaps not for Apple.
A feud first began when the music streaming giant, Spotify, filed a complaint against music streaming provide rand competitor, Apple Inc.
Linking ESG and Executive Pay
How does a business go about embedding a focus on strong ESG performance into the structures and culture of its organisation?
National Security and Investment Act granted Royal Assent
The Act establishes a new regime for the review of mergers, acquisitions and other transactions that could threaten national security.
Recent Trends In Firewall Legislation: BVI, Bermuda And Gibraltar
Charles Russell Speechlys advises Waverton on acquisition of Cornerstone Asset Management
Established in July 2010 and with offices in Edinburgh and Glasgow, Cornerstone offers wealth management and financial planning advice.
What do the new Debt Respite Scheme Regulations mean for Landlords and Tenants?
This will provide legal protection from creditors in the form of either a breathing space or a mental health crisis moratorium.
Charles Russell Speechlys promotes five to Partner
The promotions are effective 1 May 2021 and are accompanied by one Legal Director and 15 Senior Associate promotions.
Risk allocation in commercial leases: the High Court considers rent suspension, insurance and frustration arguments
Read our summary of the full judgement on the latest Covid arrears case.
Charles Russell Speechlys boosts private wealth offering with the hire of an international tax team
Robert Reymond will be joined at the firm by Leigh Nicoll, Emma Tyrrell and Oliver Cooper.
Proposed Takeover Code Amendments – Key Changes
The Consultation Paper has now been followed by a corresponding response paper which made certain modifications to the initial proposals.
Competition and Markets Authority announces review of the EU vertical agreements block exemption
The UK Competition and Markets Authority is reviewing the future application of the EU vertical agreements block exemption in the UK.