GDPR-K Article 6(1)(f) / Recital 47 - Legitimate interests balancing test for children
Apply a heightened legitimate interests balancing test when processing children's data, recognising that children's rights and interests are more likely to override the controller's legitimate interests
Where this comes from
Provision: Article 6(1)(f) / Recital 47 - Legitimate interests balancing test for children
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 6(1)(f) and Recital 47
Text version: Regulation (EU) 2016/679 (GDPR), OJ L 119, 4.5.2016, consolidated
Who it applies to
It applies when all of these are true:
- Service is likely to be accessed by children under 18
- Service collects behavioral data
- Service serves targeted advertising
- Data categories collected — any answer
What engineering work it implies
Sample acceptance criteria Landfall generates for this obligation:
- Assessment methodology is documented
- Assessment is completed and findings recorded
- Remediation plan created for identified risks
- Assessment is reviewed and signed off
- Assessment report is complete
Questions people ask
- Does GDPR-K Article 6(1)(f) / Recital 47 - Legitimate interests balancing test for… apply to my service?
- It applies when Service is likely to be accessed by children under 18; Service collects behavioral data; Service serves targeted advertising; Data categories collected — any answer.
- From when does this apply?
- GDPR-K Article 6(1)(f) / Recital 47 - Legitimate interests balancing test for… applies from 25 May 2018. Its current status is: in force.
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.