GDPR-K Article 6(1)(f) - Lawfulness of processing (legitimate interests, where the data subject is a child)
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) - Lawfulness of processing (legitimate interests, where the data subject is a child)
Instrument: General Data Protection Regulation (EU) 2016/679
Citation: Regulation (EU) 2016/679, OJ L 119, 4.5.2016, Article 6(1)(f) including its second subparagraph; Article 5(2); read with Recital 47; WP251 rev.01 s V
Text version: Regulation (EU) 2016/679 (GDPR), OJ L 119, 4.5.2016, as adopted (CELEX 32016R0679), read from the Publications Office Cellar manifestation on 2026-09-21 because EUR-Lex served an empty body to non-browser clients; the 2018 corrigendum (OJ L 127, 23.5.2018) was not retrievable, so any correction it made is unverified.
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
…unless:
- Point (f) of Article 6(1) does not apply to processing carried out by public authorities in the performance of their tasks; a public authority cannot rely on legitimate interests for that processing. (Regulation (EU) 2016/679, Article 6(1), second subparagraph)
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) - Lawfulness of processing (legitimate interests, wher… 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. It does not apply where Point (f) of Article 6(1) does not apply to processing carried out by public authorities in the performance of their tasks; a public authority cannot rely on legitimate interests for that processing. (Regulation (EU) 2016/679, Article 6(1), second subparagraph).
- From when does this apply?
- GDPR-K Article 6(1)(f) - Lawfulness of processing (legitimate interests, wher… 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.