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GDPR-K · EU-GDPR-K-NO-CHILD-PROFILING

GDPR-K Recital 38 - Restriction on profiling and marketing to children

Restrict the use of children's personal data for marketing purposes or for creating personality or user profiles

CRITICALProhibitionProfilingBinding regulationIn forceApplies from 25 May 2018

Where this comes from

Provision: Recital 38 - Restriction on profiling and marketing to 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, Recital 38, read with Articles 22 and 6(1)(f)

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
  • Service uses content personalization
  • Service serves targeted advertising

What engineering work it implies

  • Profiling Opt-Out MechanismCovers it fully

    Allow users to disable behavioral profiling with immediate effect on recommendations.

Sample acceptance criteria Landfall generates for this obligation:

  • User model has `profilingEnabled` boolean field (default: false)
  • Recommendation engine checks profilingEnabled before processing user
  • Behavioral tracking skips users with profilingEnabled=false
  • Ad targeting excludes users with profilingEnabled=false
  • Admin dashboard shows count of users with profiling disabled

Questions people ask

Does GDPR-K Recital 38 - Restriction on profiling and marketing to children apply to my service?
It applies when Service is likely to be accessed by children under 18; Service uses content personalization; Service serves targeted advertising.
From when does this apply?
GDPR-K Recital 38 - Restriction on profiling and marketing to children applies from 25 May 2018. Its current status is: in force.
What engineering work does this imply?
Typically: Profiling Opt-Out Mechanism.

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 GDPR-K obligations

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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