By Jane Wakefield
Technology reporter
A ground-breaking code to create "a better internet for children" comes into force in the UK on Thursday.
Critics say it leaves many digital businesses unsure what to do – but big firms including TikTok and YouTube have already made changes.
The UK's independent data authority, the Information Commissioner's Office, introduced the Age Appropriate Design Code in September 2020, allowing companies a year to comply.
Without regulation the way in which social-media and gaming platforms and video- and music-streaming sites use and share children's personal data could cause physical, emotional and financial harm, it said.
It had concerns around:
The code is unrelated to but has lots in common with the draft Online Safety Bill.
Companies targeting children must:
However, some organisations, including the Coalition for a Digital Economy, have said it is unclear what the data watchdog expects of businesses and called for a better definition of what will be within its scope.
A flurry of policy changes over the past few months suggest the social-media companies are taking the code seriously:
Those found to be in breach of the code will be subject to the same potential penalties as those who fall foul of the General Data Protection Regulation, which include a fine of up to 4% of global turnover.
As with GDPR, there will be support rather than penalties at first – but the ICO has the power to investigate or audit organisations it believes are not complying.
It would expect companies to offer proof their services were designed in line with the code, ICO regulatory futures and innovation executive director Stephen Bonner blogged.
"Social-media platforms, video and music streaming sites and the gaming industry", rather than more general retailers, would face the most scrutiny.
And the code could have "global influence", with US Senate and Congress members calling on major technology companies to voluntarily adopt the same standards.
The Data Protection Commission in the Republic of Ireland is also preparing similar regulations.
Despite age limits of 13, many social-media sites have much younger users.
But while age assurance will play a part in determining whether the code is being followed correctly, how they do this is being left up to companies.
The ICO will set out its position later in the autumn – but it does suggest some age-verification methods:
Rachel O'Connell, founder of TrustElevate, a platform designed to handle young people's data, said: "The self-declaration of age means that these measures can be easily circumvented – and an unintended consequence could be incentivising young people to lie about their ages."
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