Children's data: do special rules apply?
By Advisorn · updated on 25 October 2026 · Art. 6 FADP, Art. 16 and 19c CC, Art. 8 GDPR
In short
The FADP sets no minimum age. A minor may consent to the processing of their data themselves if they have capacity of judgement for that decision (Art. 16 and 19c CC); otherwise their legal representative decides. Under the GDPR, for online services offered directly to children, consent is valid from 16, or from the lower age set by the Member State, not below 13 (Art. 8 GDPR).
What to do in practice
- inform in words a minor understands, when the audience is minors;
- ask for the parents' consent for photos, outings and online services when the minor cannot decide alone;
- collect only the data needed, above all at school, in sport and in leisure activities;
- take particular care with publishing images and with health data.
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General information, not advice on your case: for your case the text of the law prevails. For a question about your case there is Advisorn's consulting.