---
title: "Art. 8 GDPR: Conditions applicable to child's consent in relation to information society services"
canonical: "https://dposchool.com/gdpr/article/8"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679#art_8"
source_note: "Source: Regulation (EU) 2016/679, Official Journal L 119, 4.5.2016, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu"
text_as_of: "2026-10-28"
last_reviewed: "2026-10-29"
language: "en"
publisher: "DPO School"
---

Art. 8 GDPR · Chapter II: Principles

# Article 8 GDPR: Conditions applicable to child's consent in relation to information society services

Text as of 28 October 2026 · [Reviewed by Sergio Maldonado Elvira on 29 October 2026](https://dposchool.com/gdpr/about#review)

## Summary (not the official text)

When an information society service is offered directly to a child and processing relies on consent, the processing is lawful if the child is at least 16; below that age, consent must be given or authorised by the holder of parental responsibility. Member States may set a lower age, but not below 13, and the controller must make reasonable efforts to verify that consent was given or authorised.

## Official text

### Article 8(1)

**1.** Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child.

Member States may provide by law for a lower age for those purposes provided that such lower age is not below 13 years.

### Article 8(2)

**2.** The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child, taking into consideration available technology.

### Article 8(3)

**3.** Paragraph 1 shall not affect the general contract law of Member States such as the rules on the validity, formation or effect of a contract in relation to a child.

## Source

Source: Regulation (EU) 2016/679, Official Journal L 119, 4.5.2016, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

[Article 8 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679#art_8)

Text as of 28 October 2026.

This is reference material, not legal advice.

## Related recitals

This list is under review.

- [Recital 38](https://dposchool.com/gdpr/recital/38)

## EDPB guidance

### [Guidelines 05/2020 on consent under Regulation 2016/679](https://dposchool.com/gdpr/guidance/edpb-05-2020)

EDPB 05/2020 · Final · First published 4 May 2020 · Final version 4 May 2020

Supersedes WP29 WP259 rev.01. Covers children's consent under Art. 8.

[Document on the EDPB website](https://www.edpb.europa.eu/documents/guideline/guidelines-052020-on-consent-under-regulation-2016679_en)

## Navigation

[GDPR Navigator](https://dposchool.com/gdpr) / [Chapter II](https://dposchool.com/gdpr/chapter/2) / Article 8

Previous: [Art. 7 GDPR: Conditions for consent](https://dposchool.com/gdpr/article/7)

Next: [Art. 9 GDPR: Processing of special categories of personal data](https://dposchool.com/gdpr/article/9)

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