With the issue of consent, the GDPR allows member states some choice regarding what?
A.
The mechanisms through which consent may be communicated
B.
The circumstances in which silence or inactivity may constitute consent
C.
The age at which children must be required to obtain parental consent
D.
The timeframe in which data subjects are allowed to withdraw their consent
The Answer Is:
C
This question includes an explanation.
Explanation:
The GDPR states that the parental consent mechanism generally applies when the child is younger than 16 years1. Processing personal data will be lawful only if the child’s parent or custodian has consented to such processing2. However, Member States are allowed to lower this threshold in national legislation up to 13 years old3. This means that Member States have some choice regarding the age limit for children’s consent, as long as it is not below 13 years. The GDPR also requires that the consent request is clear and understandable for the child, and that the controller makes reasonable efforts to verify that the consent is given or authorised by the holder of parental responsibility4. References: CIPP/E Certification - International Association of Privacy Professionals, Free CIPP/E Study Guide - International Association of Privacy Professionals, GDPR - EUR-Lex, Complying with the GDPR when vulnerable people use smart devices
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