Legal Library

UK Child Safety Legislation

Plain English guides to every piece of UK legislation protecting children online. Not legal advice — general legal information to help you understand your rights and obligations.

ActiveUK-wideICO (Information Commissioner's Office)

Data Protection Act 2018 & UK GDPR

Max Penalty

£17.5m or 4% of global turnover

Governs how organisations process personal data, including children's data. Establishes the framework for the Children's Code (AADC). Requires high standard of protection for children's data, with age-appropriate privacy notices and legitimate interest assessments.

Key Points

Children cannot consent to data processing below age 13 in the UK

Data controllers must verify age where services are directed at children

Privacy notices must be written in language children can understand

Data Protection Impact Assessments (DPIAs) required for high-risk processing

Right to erasure ("right to be forgotten") applies to childhood data

ActiveUK-wideICO

Children's Code (Age Appropriate Design Code)

Max Penalty

£17.5m or 4% of global turnover

Statutory code of practice containing 15 standards that online services likely to be accessed by children must follow. Covers everything from data minimisation to nudge techniques, requiring "best interests of the child" as a primary design consideration.

Key Points

15 standards covering the full lifecycle of children's data

Applies to any service "likely to be accessed by children"

Default settings must be privacy-protective ("high privacy by default")

Profiling of children is restricted unless there is a compelling reason

Nudge techniques must not be used to encourage data disclosure

Geolocation data must be off by default for children

Active (Implementation ongoing)UK-wideOfcom

Online Safety Act 2023

Max Penalty

£18m or 10% of qualifying worldwide revenue

The UK's landmark internet safety legislation placing duties of care on platforms to protect users, with enhanced protections for children. Covers illegal content, content harmful to children, and transparency reporting. Implementation through Ofcom codes of practice.

Key Points

Platforms must prevent children encountering harmful content

Age verification/assurance required for services with harmful content

Ofcom given enforcement powers including fines and service blocking

Named categories of harm: self-harm, eating disorders, bullying, pornography, etc.

Platforms must publish transparency reports

Criminal offences for senior managers in cases of persistent non-compliance

ActiveEnglandDfE (Department for Education)

KCSIE 2024-2025 (Keeping Children Safe in Education)

Max Penalty

Ofsted enforcement action

Statutory guidance for schools and colleges on safeguarding children. The 2024-2025 updates include AI-specific provisions for the first time, expanded filtering and monitoring requirements, and updated guidance on sharing nudes/semi-nudes including AI-generated images.

Key Points

All staff must read Part 1 annually

DSLs must receive training on AI-specific safeguarding

School filtering must cover AI chatbot use

AI tools used in school must be risk-assessed

Policies must address AI-generated images and deepfakes

DfE Generative AI guidance referenced as supplementary

Devolved Legislation

Scotland

Scottish Government / Education Scotland

GIRFEC (Getting It Right for Every Child)

SHANARRI wellbeing indicators (Safe, Healthy, Achieving, Nurtured, Active, Respected, Responsible, Included)

Wales

Welsh Government

Social Services and Well-being (Wales) Act 2014

"More Than Just Words" Welsh language framework for child services

Northern Ireland

Department of Health NI

Children (Northern Ireland) Order 1995

SBNI (Safeguarding Board NI) procedures and guidance

Regulatory Timeline

Sep 2023Legislation

Online Safety Act receives Royal Assent

Jan 2024Regulation

Ofcom publishes first codes of practice under OSA

Sep 2024Guidance

KCSIE 2024 comes into force (AI provisions)

Mar 2025Regulation

Ofcom age verification requirements take effect

Sep 2025Guidance

KCSIE 2025 comes into force (expanded AI guidance)

Q1 2026Regulation

OSA Threshold Conditions Regulations reviewed

Q2 2026Enforcement

ICO Children's Code enforcement review

2027Legislation

OSA full implementation review by Parliament

Enforcement Case Studies

TikTok £12.7m Fine (ICO 2023)

ICO fined TikTok for misusing data of 1.4 million UK children under 13 without parental consent. Platform had to improve age verification and reduce data retention.

£12.7m

ICO2023

YouTube £170m Settlement (FTC 2019)

YouTube fined for collecting children's data without parental consent, leading to creation of YouTube Kids and changes to comment and notification features for children's content.

$170m

FTC (US)2019

Instagram "Recommended Friends" Changes

ICO investigation led Instagram to stop recommending children's accounts to adult users and disable direct messaging from unknown adults to under-18s.

Policy change

ICO2021

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