Member

38R: After Clause 62, insert the following new Clause— “Child consent for harmful social networking services After paragraph 1 of Article 8 (child’s consent in relation to information society services) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data insert— “1A. In the case of a social networking service processing personal data for the purpose of delivering personalised content, targeted advertising or algorithmically curated recommendations, references in paragraph 1 to 13 years old are to be read as 16 years old where OFCOM has determined that the service, or a description of service into which it falls, presents a material risk of harm to the wellbeing of children. 1B. For the purposes of paragraph 1A, a “social networking service” means an online service that— (a) allows users to create profiles and interact publicly or privately with other users, and (b) facilitates the sharing of user-generated content, including text, images or videos, with a wider audience. 1C. Paragraph 1A does not apply to— (a) educational platforms and learning management systems provided in recognised educational settings where personal data processing is solely for educational purposes, or (b) health and wellbeing services where personal data processing is necessary for the provision of care, counselling or support.””