Excerpt from Global Compliance News Article, Published on Nov 13, 2023

In a recent LinkedIn Live session, IAPP Research and Insights Director Joe Jones engaged with Baker McKenzie’s Elizabeth Denham, Lothar Determann, and Jonathan Tam to explore the latest developments in regulatory law, policy, and enforcement concerning children’s privacy in the EU, U.K., and U.S.

The discussion included the appropriateness of recent fines, such as the €345 million penalty that Ireland’s Data Protection Commission imposed on TikTok. Determann expressed concerns about the effectiveness of these fines, citing unclear legal requirements and potential limitations on children’s access to online services.

Denham acknowledged that fines might not always be the most effective tool for behavioral change but stressed regulators’ duty to employ all available measures. She highlighted the impact of the U.K. Age-Appropriate Design Code, emphasizing the transformative influence of privacy engineering and the “by design” approach.

On the question of age assurance responsibility, Tam argued against placing the burden on telecoms or device makers, suggesting online service operators are better suited to administer age-assurance processes tailored to their platforms’ risks.

The experts encouraged regulatory cooperation with industry players, the development of clear policies, and a collaborative approach before resorting to fines. They anticipate potential appeals against recent fines to address ongoing legal uncertainties in children’s privacy laws.

To delve deeper into this topic, please read the full article on Global Compliance News