Marketing to children: verifiable consent must be obtained from parents

Direct Marketing to children: The UK Committee for Advertising Practices amends its rules to align with the GDPR and Data Protection Act 2018; marketers must obtain parental consent for children under 13 (unless there are compelling reasons to rely on the child's consent) and promoters of prizes must inform entrants of their intention to publish winners' information (giving them the opportunity to object to such publication). 

Background:

• the UK Committee for Advertising Practices ("CAP") amends its rules on naming prizewinners and marketing to children: the changes took effect on March 25, 2019.

Relevance to Business Activities:

• direct marketing and defining data processing considerations:
  • introduction:
    • following public consultation, the Committee for Advertising Practices is introducing changes to its rules to ensure alignment with the:
      • GDPR; and
      • Data Protection Act 2018.
    • no responses challenged CAP's proposal on marketing to children:
      • however, one response challenged the wording of the proposed amendments on naming prizewinners.
  • amendments:
    • rule 10.15 of The CAP Code ("Code") has been amended:
      • marketers must obtain the verifiable consent of the child's parent or guardian:
        • when the data of children under 13 is processed to offer an online service.
      • when personal data of children under 13 is processed for other marketing purposes, verifiable consent of the child's parent or guardian must be obtained:
        • unless the marketers can demonstrate that they have:
          • compelling reasons for relying on the child's consent; and
          • had particular regard to the child's privacy rights.
    • rule 8.28.5 of the Code has been amended:
      • promoters must either publish or make available information that indicates that a valid award took place:
        • the surname and county of the major prizewinners; and
        • their winning entries.
      • at or before the time of entry, promoters must inform entrants of their intention to publish:
        • entrants should be given the opportunity to:
          • object to their information being published or made available; or
          • reduce the amount of information published.
      • the promoters must provide the information and winning entry to the advertising standards authority if it is challenged:
        • the privacy of prizewinners must not be prejudiced by the publication of personal information:
          • promoters may need to comply with a legal requirement not to publish such information.

Source:
Amended Rules on Naming Prizewinners And Marketing to Children - Committee of Advertising Practice

https://www.asa.org.uk/uploads/assets/uploaded/5acfbc45-a203-4a2a-a7a540ec824d7d01.pdf