Underage
What does underage mean?
Underage refers to individuals who are below the legal age threshold defined by law for certain rights, activities, or protections. In the context of website compliance, this often relates to children under the age of 13 in the United States (under COPPA), or under 16 in some jurisdictions under GDPR.
How does underage apply to website compliance?
Websites that collect data from users must assess whether their audience includes underage individuals. If so, specific safeguards must be in place, such as:
- Obtaining parental consent before data collection.
- Limiting data collection to what is necessary.
- Avoiding behavioral advertising targeted to underage users.
- Providing age gates to screen access or trigger parental verification.
Failure to account for underage users can lead to significant regulatory scrutiny and fines. Laws like the Children’s Online Privacy Protection Act (COPPA) in the U.S. and Article 8 of the GDPR in the EU place strict rules on processing children's data.
Age gating mechanisms (popups, self-declaration forms, third-party verification) are commonly used to restrict access or trigger additional steps when a user may be underage
FAQs about underage
It varies. In the U.S. under COPPA it's under 13, while in the EU under GDPR it's under 16 (with some member states setting it at 13–15).
Generally, no. Parental or guardian consent is required before collecting or processing data from underage users.
Through self-declared age fields, automated age verification services, or requiring parental approval when age thresholds are triggered.
It can face penalties from data protection authorities, such as fines, audits, or mandatory corrective actions.
Not always. Websites may also need to adjust data collection, provide notices, and collect verifiable parental consent depending on the jurisdiction.