Skip to content
Landfall
GDPR-K · EU-GDPR-K-SPECIFIC-PROTECTION

GDPR-K Recital 38 - Specific protection of children's personal data

Apply specific and enhanced protection to children's personal data, recognising that children are less aware of risks, consequences, and their rights regarding data processing

HIGHProcess dutyGovernanceBinding regulationIn forceApplies from 25 May 2018

Where this comes from

Provision: Recital 38 - Specific protection of children's personal 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, 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

What engineering work it implies

  • High Privacy Defaults ConfigurationCovers part of it

    Configure all user-facing settings to high-privacy defaults for child users.

Sample acceptance criteria Landfall generates for this obligation:

  • A user/guardian can request access, deletion, and export from the account UI
  • Deletion removes or irreversibly anonymizes the data across primary stores and backups within the required window
  • Export is provided in a structured, machine-readable format
  • Requests, identity checks, and fulfillment are logged with timestamps
  • Deletion request removes the account's personal data and is verifiable

Questions people ask

Does GDPR-K Recital 38 - Specific protection of children's personal data apply to my service?
It applies when Service is likely to be accessed by children under 18.
From when does this apply?
GDPR-K Recital 38 - Specific protection of children's personal data applies from 25 May 2018. Its current status is: in force.
What engineering work does this imply?
Typically: High Privacy Defaults Configuration.

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.

What Landfall Is NOT

Critical Boundaries

Understanding these boundaries is essential before using this product. Misuse of this tool for purposes outside its scope may create legal, regulatory, or commercial risk for your organization.

NOT Legal Advice

This product does not provide legal advice and does not create an attorney-client relationship.

Interpretations are informational analysis, not legal counsel. Always consult qualified legal professionals for compliance decisions.

NOT a Risk Score

We do not quantify, calculate, or certify your compliance risk level.

No numerical risk rating, compliance percentage, or safety score. Risk assessment requires human judgment about your specific context.

NOT Runtime Enforcement

This is a planning and mapping tool, not a runtime enforcement system.

Does not integrate with your production systems. Does not block, filter, or enforce compliance in real-time. Implementation is your responsibility.

NOT Regulatory Approval

Using this tool does not mean you are compliant with any regulation.

No certification, seal of approval, or compliance guarantee. Regulators will evaluate your actual implementation, not your use of this tool.

NOT Authoritative Interpretation

Our interpretations are not binding and may differ from regulatory guidance.

Only regulators and courts provide authoritative interpretation. Our analysis reflects our reading of requirements, which may be incomplete or incorrect.

NOT a Safe Harbor

This tool does not shield you from enforcement actions or liability.

Documentation of your process is valuable, but does not constitute a legal defense. Compliance is ultimately your organization's responsibility.

NOT an AI Compliance Agent

AI features assist analysis but do not make compliance decisions for you.

AI-generated interpretations require human review and approval. Automated suggestions are starting points, not final answers.

NOT Complete Coverage

We do not cover all regulations, all obligations, or all jurisdictions.

Regulatory landscape is vast and evolving. Gaps in our coverage do not mean those requirements don't apply to you.

What This Tool IS:

  • A structured workflow for mapping regulatory requirements to implementation tasks
  • A documentation system for compliance decisions (audit trail)
  • A collaboration platform for compliance, legal, and engineering teams
  • An informational resource for understanding regulatory obligations