Table showing the age below which parental consent is needed
(and above which the child’s consent is acceptable) for the offer of information
society services (i.e. online services) directly to a child, where the legal
basis is consent:
Age
|
Member State
|
13
|
Belgium, Denmark, Estonia, Finland, Latvia, Malta, Portugal and Sweden (and UK, but we don’t count anymore ☹)
|
14
|
Lithuania, Italy and Spain
|
15
|
Czech
Republic, France and Greece
|
16
|
Croatia, Germany, Hungary,
Ireland, Luxembourg, the Netherlands, Poland, Romania and Slovakia
|
These differences are allowed by the GDPR, but
the Commission’s Staff Working Document, accompanying its 2-year evaluation ofthe GDPR, comments that “Such differences lead to situations where the Member
State in which the controller is established provides for another age limit
than the Member States where the data subjects are residing.” You can say that
again!