---
title: "Recital 38 GDPR"
canonical: "https://dposchool.com/gdpr/recital/38"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679#rct_38"
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"
---

Recitals

# Recital 38

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

## Official text

Children 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. Such 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. The consent of the holder of parental responsibility should not be necessary in the context of preventive or counselling services offered directly 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

[Recital 38 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679#rct_38)

Text as of 28 October 2026.

This is reference material, not legal advice.

## Related articles

This list is under review.

- [Article 8: Conditions applicable to child's consent in relation to information society services](https://dposchool.com/gdpr/article/8)

## Navigation

[GDPR Navigator](https://dposchool.com/gdpr) / [Recitals](https://dposchool.com/gdpr/recitals) / Recital 38

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