The Children’s code is a statutory code of practice that articulates how online services likely to be accessed by children should comply with the UK GDPR when using children’s data. The code is a set of 15 flexible standards that allow children to explore, learn and play online. It ensures that the best interests of the child are the primary consideration when designing and developing online services.
The concept of the best interests of the child comes from Article 3 of the United Nations Convention on the Rights of the Child (UNCRC). To consider whether you are acting in the best interests of children, you must consider how your use of their data impacts on the range of rights they hold under the UNCRC.
These rights include provisions aimed at supporting the child’s needs for:
- family relationships;
- physical, psychological and emotional development;
- freedom of expression;
- privacy; and
- agency to form their own views and have them heard.