GDPR and children rights in EU data protection law

Abstract

This work addresses the topic of the protection of digital personal data of minors, with particular reference to the analysis of art. 8 of the EU Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, or GDPR) and to the effectiveness of consent as a tool to protect the best interest of the child. both in the case in which the consent to the processing of data is given directly by the minor, and in the case in which it is the authorization by the holder of parental responsibility.