Ireland: Adopted EDPB binding decision on TikTok processing of children’s data

On 3 August 2023, the European Data Protection Board (EDPB) announced that it adopted a binding dispute resolution decision under Article 65 of the GDPR concerning the draft decision of the Irish Data Protection Authority (DPA) regarding TikTok’s processing of children’s personal data and age verification measures for children under 13. The EDPB’s binding decision addresses legal questions arising from objections to the draft decision, particularly whether there had been an infringement of data protection by design and default with regard to age verification and whether there had been an infringement of the principle of fairness with regard to certain design practices. The Irish DPA must adopt its final decision, taking into account the EDPB's legal assessment, within one month of the EDPB notifying its decision.