The article deals with the topic of data protection of minors in the digital environment, focussing on the issue of consent to data processing (privacy digital consent) given by a minor.
Drawing on the identification of the interests to be protected referring to minors’ personal data, especially in the digital domain, I analyze the new rule on minors’ digital consent laid down by Reg. (EU) 2016/679 in order to verify its ability to meet these interests, also with a comparison with US law.
Section 3 of the article puts the issue of the minors’ digital consent to personal data in relation with the privacy consent in general and the discipline of consent in contract law.
The article concludes that the relevant discipline on this topic cannot be determined only by law (legal tool) or technology (technological tool), but techno-regulation and law need to be integrated.