New Code: Information Commissioner’s Office Code for providers of online services which children are likely to access goes live

The new Code ‘Age appropriate design: a code of practice for online services’ contains 15 standards in relation to online services for children. It was originally introduced in 2020, but made subject to a transitional period of 12 months to allow those affected to make sure their existing services complied. That 12-month period has now expired.

‘Online services’ include apps, social media websites, messaging services, online marketplaces (like Amazon or Ebay), streaming services, online educational and news sites for children, devices and toys that connect, search engines and the like. Since the Code applies not only to online services for children, but also to online services that children are likely to access, that means it will apply to most of these types of online services.

These must not include, for example, content likely to be offensive, harmful or dangerous to children, or their welfare or well-being. There are prohibitions against swearing, violence or offensive/suggestive content, or content that encourages sexual activity among children.

The Code is not legally binding, but following it helps organisations show they are complying with relevant law in the UK in this respect.

Note that the government has also published high-level guidances for small and medium-sized entities and startups ‘Online safety guidance if you own or manage an online platform’ and ‘A business guide for protecting children on your online platform’, both of which emphasise the importance of the new Code. Also, a comprehensive and complex Online Safety Bill is currently passing through Parliament, aimed at preventing harm from user-generated content encountered online.

Operative date

• Now

Recommendation

• Read the new age appropriate design Code from the ICO website, and the online safety guidance and child safety guidance from the GOV.UK website.