GDPR-K Articles 6(1)(f), 21(2)-(3) and 22 read with Recital 38 - Lawful basis and objection handling for profiling and marke…
Identify and record the lawful basis for any profiling or marketing use of a child's data, apply the child-weighted Article 6(1)(f) balancing test, and honour the Article 21(2) right to object; the GDPR prohibits neither, the DSA does for platforms
Where this comes from
Provision: Articles 6(1)(f), 21(2)-(3) and 22 read with Recital 38 - Lawful basis and objection handling for profiling and marketing that reaches children
Instrument: General Data Protection Regulation (EU) 2016/679
Citation: Regulation (EU) 2016/679, OJ L 119, 4.5.2016, Articles 6(1)(f), 21(2)-(3), 22 and 8; read with Recital 38, Recital 47 and Recital 71; Article 29 Working Party WP251 rev.01 (endorsed by the EDPB 25 May 2018) section 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 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 Articles 6(1)(f), 21(2)-(3) and 22 read with Recital 38 - Lawful basis… 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 Articles 6(1)(f), 21(2)-(3) and 22 read with Recital 38 - Lawful basis… 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.
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.