Recital 22

Recognising the role of parents and legal guardians in supporting the evolving autonomous and safe development of minors online, it is appropriate to allow providers to exceptionally derogate from the minimum age for autonomous access laid down in this Regulation, down to a lower minimum age of 13 years, to allow the holder of parental responsibility to set up an account with limited functionalities for children between 13 and 15. Such an account should be an account of the holder of the parental responsibility and not of the respective minor. That derogation should be subject to verification of parental responsibility and should not undermine the objective pursued by this Regulation, taking into account the children’s right to protection, privacy and taking the child’s best interests as a primary consideration. Finally, that derogation should not be possible where the providers in their terms of service restrict access to and use of their service for users below a higher minimum age than 13 years.