Article 8Conditions applicable to child's consent in relation to information society services

1. Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least [^F113 years old]. Where the child is below the age [^F2of 13 years], such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child.

^F3...

2. The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child, taking into consideration available technology.

2A. [^F4 The Secretary of State may by regulations—

• (a)
  amend paragraph 1 so as to change the age for the time being specified in that paragraph (but not to an age lower than 13 years or higher than 16 years);
• (b)
  make provision in relation to services specified, or of a description specified, in the regulations for a different age to apply for the purposes of paragraph 1 (but not lower than 13 years or higher than 16 years).

2B. Regulations under paragraph 2A are subject to the affirmative resolution procedure.]

3. Paragraph 1 shall not affect the general contract law [^F5as it operates in domestic law] such as the rules on the validity, formation or effect of a contract in relation to a child.

4. [^F6 In paragraph 1, the reference to information society services does not include preventive or counselling services.]