ICO's children's code enters into force 2 September



Parliament has now approved the Age Appropriate Code. The Code, which was issued by the ICO on 12 August, will come into force on 2 September 2020, and has a 12-month transition period.

The ICO says that it will carry out proactive audits on compliance with this code, and that children's privacy is a regulatory priority. ‘In accordance with our Regulatory Action Policy, when considering any enforcement action we will take into account the efforts you have made towards conformance during the transition period, as well as the size and resources of your organisation, and the risks to children inherent in your data processing,’ the regulator says.
The code will apply to both new and existing services. In terms of existing physical products, the ICO will not require organisations to recall or amend existing stock, or to amend manufacturing cycles that were already scheduled to commence before 2 September 2021.

The ICO is currently developing a support package to assist industry’s compliance with the Code. This will be based on feedback received from industry about the type of support they would welcome during the transition period. The ICO has already issued FAQs on how the Code will impact the news media.
The Code is based on 15 standards which require, for example, a high level of privacy settings as a default. The ICO will review how the Code is working one year after it has come into force.

See the Code of Practice.

Report subscribers please note that PL&B UK Report, published in March 2020, includes an analysis of the Code.