SpainLey Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales (LOPDGDD, Organic Law 3/2018 on personal data protection and digital rights guarantee), Art. 7
In force since .
A social media and minors rule binding private bodies.
- Audit expectation
- none
What it requires
- Applies to information society services, including social media platforms, offered directly to minors in Spain.
- Treat 14 as the minimum age at which a minor can independently consent to the processing of personal data for your service, including registering for a social media account.
- Obtain a parent's or guardian's consent for any processing based on consent for users under 14.
These lines are LexLint's reading of the law's text. Also read by: Agencia Española de Protección de Datos (guidance, recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Enforcement body
Agencia Espanola de Proteccion de Datos (AEPD)
Settledness
The Agencia's infographic restates Article 7 of the Organic Law and Article 8(2) of the GDPR for users under 14 and from 14 to 18, and names no method of verifying a parent's authorization.
- As of
- Guidance link
- https://www.aepd.es/infografias/infografia-consentimiento-menores.pdf
- Guidance body
- Agencia Española de Protección de Datos
- Open questions
- Does the exception in Article 7(1) of Organic Law 3/2018 for cases where the law requires the assistance of a parent or guardian "para la celebración del acto o negocio jurídico" (for entering into the act or legal transaction) keep a fourteen-year-old from opening a social media account whose terms form a contract, even though the consent to data processing no longer needs a parent?
- What verification of a parent's or guardian's authorization counts as the "esfuerzos razonables" (reasonable efforts) that Article 8(2) of the GDPR requires for a user under fourteen, when the Agencia Española de Protección de Datos says only that the controller must take "la tecnología disponible" (the available technology) into account?
What it reaches
Age threshold
14
Covered services
Information society services, including social media platforms, offered directly to minors in Spain
Verification methods
Self declaration, Parental consent
What it makes you log
What the log must hold
Consent or opt-out state
Logging duty
Processing of the data of a child under fourteen on the basis of consent is lawful only if the consent of the holder of parental authority is on record, which cannot be shown without keeping it. The article sets no period, format or log of age checks.
- Kind
- Implicit
- As of
- Provision
- LOPDGDD Article 7(2)
- Trigger
- consent_or_optout
What this law does
Sets 14 as the minimum age at which a minor can independently consent to processing of personal data for an information society service, including registering for a social media account. Parental or guardian consent is required for processing based on consent for users under 14.
When LexLint raises it
When your app profile says your app serves under-18s.
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Page updated .