With the issue of consent, the GDPR allows member states some choice regarding what?

Question

Options

• AThe mechanisms through which consent may be communicated
• BThe circumstances in which silence or inactivity may constitute consent
• CThe age at which children must be required to obtain parental consent
• DThe timeframe in which data subjects are allowed to withdraw their consent

• A
  2% (1)
• B
  2% (1)
• C
  92% (54)
• D
  5% (3)

Explanation

The GDPR states that the parental consent mechanism generally applies when the child is younger than 16 years. Processing personal data will be lawful only if the child's parent or custodian has consented to such processing. However, Member States are allowed to lower this threshold in national legislation up to 13 years old. 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 responsibility.

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