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GDPR-K · EU-GDPR-K-ART5-MINIMISATION

GDPR-K Article 5(1)(c) - Data minimisation principle applied to children's data

Apply a strict data minimisation standard to children's data, collecting and processing only what is strictly necessary for the specified purpose

HIGHRequirementData collectionBinding regulationIn forceApplies from 25 May 2018

Where this comes from

Provision: Article 5(1)(c) - Data minimisation principle applied to children's data

Instrument: General Data Protection Regulation (EU) 2016/679

Citation: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, Article 5(1)(c), read with Recital 38

Text version: Regulation (EU) 2016/679 (GDPR), OJ L 119, 4.5.2016, consolidated

Read the official text ↗

Who it applies to

It applies when all of these are true:

  • Service is likely to be accessed by children under 18
  • Data categories collected — any answer

…unless:

  • Data may be retained for longer periods where required for archiving, research, or statistical purposes with appropriate safeguards. (UK GDPR Recital 39)
  • Additional data may be collected where necessary for child safety purposes. (ICO Data Minimisation Guidance)

Scope in the source's own terms

  • Service processes data of users under 18
  • Service operates under GDPR (EU scope; block moved from UK-GDPR authorship)

What engineering work it implies

Sample acceptance criteria Landfall generates for this obligation:

  • Each collected field is mapped to a specific, documented purpose
  • Fields with no active purpose are removed from collection and storage
  • Optional data is genuinely optional (service works without it)
  • Collection of children's data is limited to what is strictly necessary
  • System handles null/empty input gracefully (no 500 errors)

Evidence an auditor expects

  • Technical controlTechnical audit

    Data collection configuration

    Technical documentation showing only necessary data fields collected from children

  • Assessment documentDocument review

    Data necessity assessment

    Documented justification for each data element collected from children

  • Policy documentDocument reviewRetain Duration of processing + 6 years

    Data retention policy

    Policy specifying retention periods for children's data with justification

Questions people ask

Does GDPR-K Article 5(1)(c) - Data minimisation principle applied to children's data apply to my service?
It applies when Service is likely to be accessed by children under 18; Data categories collected — any answer. It does not apply where Data may be retained for longer periods where required for archiving, research, or statistical purposes with appropriate safeguards. (UK GDPR Recital 39).
From when does this apply?
GDPR-K Article 5(1)(c) - Data minimisation principle applied to children's data applies from 25 May 2018. Its current status is: in force.
What evidence does an auditor expect?
Data collection configuration; Data necessity assessment; Data retention 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.

Not legal advice. Landfall maps regulatory obligations to engineering work for planning purposes. Its verdicts are not legal advice and create no attorney-client relationship — verify with qualified counsel before relying on them.

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