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BR LGPD · BR-LGPD-ART14-PARENTAL-CONSENT

BR LGPD Article 14 SS1 - Parental or guardian consent for children

Obtain specific and prominent parental consent before processing personal data of children under 12

CRITICALRequirementConsentBinding regulationIn forceApplies from 18 September 2020

Where this comes from

Provision: Article 14 SS1 - Parental or guardian consent for children

Instrument: Lei Geral de Proteção de Dados (LGPD)

Citation: Lei nº 13.709/2018 (LGPD), Artigo 14, SS1; Estatuto da Criança e do Adolescente (ECA), Art. 2 (defines child as under 12)

Text version: Lei nº 13.709/2018 (LGPD), texto compilado

Read the official text ↗

Who it applies to

It applies when all of these are true:

  • Youngest expected user age: Under 13
  • Service requires/offers account registration
  • Service processes personal data

Scope in the source's own terms

  • Service processes children's or adolescents' data
  • Service available in Brazil

What engineering work it implies

  • Parental Consent and ControlsCovers it fully

    Implement verifiable parental consent for users under threshold age with ongoing parental controls.

Sample acceptance criteria Landfall generates for this obligation:

  • Consent modal/page appears BEFORE data collection begins
  • Consent options are granular (user can accept some, reject others)
  • 'Reject All' is as prominent as 'Accept All'
  • No pre-checked boxes - all start unchecked
  • When relying on consent, store the necessary scoped consent reference, purposes and choices, timestamp and notice version; avoid collecting extra identity data solely for the record

Evidence an auditor expects

  • Consent recordLog analysis

    Parental consent for children's data

    Records of specific and prominent parental consent for child data processing

  • Policy documentDocument review

    Children's data processing policy

    Clear documentation of how children's data is processed with best interests consideration

Questions people ask

Does BR LGPD Article 14 SS1 - Parental or guardian consent for children apply to my service?
It applies when Youngest expected user age: Under 13; Service requires/offers account registration; Service processes personal data.
From when does this apply?
BR LGPD Article 14 SS1 - Parental or guardian consent for children applies from 18 September 2020. Its current status is: in force.
What evidence does an auditor expect?
Parental consent for children's data; Children's data processing policy.

Find out whether this one lands on you

Landfall's pre-scan answers the applicability question above for your product in minutes, then turns every obligation that applies into traceable engineering tickets with a citation chain your auditors can follow.

Run the pre-scanAll BR LGPD obligations

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