This code came into force on 2 September 2020, with a 12 month transition period. Organisations should conform by 2 September 2021.
This flowchart sets out the questions you will need to answer if you are uncertain whether your online service is covered by the code.
However, as a starting point, you should note that we expect the vast majority of online services used by children to be covered, and those that aren’t covered to be exceptional.
The services that fall out of scope tend to do so for fairly technical legal reasons (such as the definition of an ISS as derived from Directive EU 2015/1535), so if you think you may be out of scope then you may benefit from getting your own legal advice to support or confirm this.
|Do you provide an online service or connected toy or device?||The code does not apply.|
|Does your online service process personal data?||The code does not apply.|
|Is your online service a counselling or preventive service?||The code does not apply.|
|Are you a law enforcement agency (eg police, courts) whose online service processes personal data for law enforcement purposes?||
The code does not apply to any processing your online service does for law enforcement purposes.
It may apply to any processing your online service does for other purposes.
|Is your online service the kind of service which is typically provided or funded on a commercial basis (even if the funding isn’t provided by the end user)?||The code does not apply.|
|Is your online service a ‘general broadcast’ service (a service which transmits radio or TV broadcasts to a general audience according to a set schedule or timetable)?||
The code does not apply to your ‘general broadcast’ services.
If you also provide ‘on demand’ broadcast services then the code may apply to these.
|Does your online service only provide information about a ‘real-world’ business (without allowing customers to buy products or access specific services online)?||The code does not apply.|
|Is your service a ‘traditional’ voice telephony service as opposed to an internet based voice calling service or VOIP (Voice Over Internet Protocol)?||The code does not apply.|
|Is your online service likely to be accessed by children? (This will depend upon whether the content and design of your service is likely to appeal to children, and any measures you may have in place to restrict or discourage their access to your service).||The code does not apply.|
|Do you have an office, base, or other ‘establishment’ in the UK, and does your online service process personal data in the context of that establishment?||
The code applies to your service if it meets the following criteria:
Otherwise the code does not apply.
|The code applies to your service.|