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What is the legal age of adulthood/ majority in your jurisdiction? Are all persons below this age considered a child/ minor?
Article 219 of the Civil Law states that the minority of persons continues until they reach the age of 18. All persons below the age of 18 are considered children or minors under Latvian law.
Has the UNCRC been directly incorporated into national law in your jurisdiction?
No.
The UNCRC has been ratified by Latvia, and its principles have been integrated into national legislation. However, the UNCRC itself has not been directly incorporated as a separate law. Instead, its norms and principles are observed and applied through various national laws and regulations that ensure the protection of children’s rights, for example in the Law on the Protection of the Children's Rights.
Is there an ombudsperson/ commissioner for children in your jurisdiction?
Yes.
The activities of the Ombudsman are regulated by the Ombudsman Law, which was adopted on 6 April 2006 and came into force on 1 January 2007.
If there is an ombudsperson/ commissioner for children in your jurisdiction, do they have any responsibility for upholding children’s rights in the digital world or does the relevant regulator have sole competence?
Yes.
The Ombudsman’s Office is divided into four legal divisions, including the Children’s Rights Division. Tasks of the Children’s Rights Division include supervision of the implementation of the UNCRC, the UN Convention on the rights of persons with disabilities and other international norms binding upon Latvia, as well as implementation of national regulatory acts in the field of the rights of children. In Latvia, the Ombudsman, including the head of the Children’s Rights Division (who reports to the Ombudsman), has responsibilities for upholding children’s rights in the digital world. This includes ensuring that children’s rights are protected online and addressing issues such as cyberbullying, online privacy, and digital safety. However, other regulators, such as the Data State Inspectorate, also play a significant role in protecting children’s rights in the digital environment, particularly concerning data protection and privacy. So, while the Ombudsperson has a broad mandate to protect children’s rights, specific aspects of digital rights may fall under the jurisdiction of specialised regulators.
Is there any standalone requirement to collect the consent of one or both parents when processing a child’s personal data (irrespective of any other obligations, e.g. the requirement to have a legal basis for processing)?
No.
There are no national-specific laws in this regard; see more information on the GDPR-level requirements here. The requirement to collect parental consent under Article 8(1) of the GDPR only applies where the service provider is relying on consent as the legal basis under the GDPR for processing a child’s personal data. If another legal basis is relied on for processing, there is no requirement to collect parental consent for processing the child’s data.
Entirely separate to the requirement to collect parental consent under Article 8(1) is that a digital service provider (controller) may decide to seek parental permissions for a child to access different setting/ features/ functionalities etc. as part of the measures it implements under Articles 24 and 25 of the GDPR to ensure a high level of protection for child users.
At what age can children legally consent to the processing of their own personal data, such that parental permission/ consent is not required?
As local law does not regulate specified data processing activities regarding children, usually a person will be able to grant valid consent to the processing of their personal data starting from 18 years of age.
However, according to Article 33 of the Personal Data Processing Law, if the consent of a data subject is necessary for the direct provision of information society services but the data subject is a child, his or her consent shall be considered a basis for the data processing and processing of his or her data shall be lawful, provided that the child is not below 13 years of age or, in the case of a child who has not yet reached 13 years of age, the consent is given by his or her parent or legal guardian.
The child's parents, as guardians (legal representatives), have the right to decide on the processing of their children's personal data, including the dissemination of the children's personal data themselves, both where consent is relied upon as the legal basis for processing (and the child is below the age of digital consent) and in more general terms. Both parents have this right, so as long as one of the parents is not restricted by law from deciding on matters relating to the child, each parent is entitled to give consent to the processing of the child's personal data, and this will most often be recognised as an adequate legal basis.
Are there specific requirements in relation to collection and/or verification of parental consent/ permission concerning the processing of a child’s personal data?
Yes.
There are no national-specific laws in this regard; see more information on the GDPR-level requirements here. While Article 8(2) of the GDPR does not set out an approved method for the collection of parental consent, it does require organisations to “make reasonable efforts” to verify such consent by a holder of parental responsibility over a child taking into account available technology. No such methods are expressly approved by law, regulation or legally binding regulator-issued guidelines in Latvia.
Are there any particular information or transparency requirements concerning the processing of children’s personal data?
Yes.
There are no national-specific laws in this regard; see more information on the GDPR-level requirements here.
However, the Data State Inspectorat has noted that the child must understand that the message is directed to him. It is important to bear in mind that children may not understand the impact of privacy on them to the same extent as adults. It is therefore very important that the consent provided to children is drafted in language that is as easy and understandable as possible, so that its meaning can be perceived and understood by the child.
Can children directly exercise their rights in relation to their personal data without the involvement of their parents?
No.
In Latvia, only people over the age of 18 years (persons of full age) have full active legal capacity and thus have the right to exercise their rights without the involvement of their parents.
Can children make complaints on their own behalf directly to your national data protection/ privacy regulator(s)?
No.
In Latvia, only people over the age of 18 years (persons of full age) have full active legal capacity and thus have the right to file complaints without the involvement of their parents.
Are there any particular requirements/ prohibitions related to:
a. processing specific types of children’s personal data;
b. carrying out specific processing activities involving children’s personal data; and/ or
c. using children’s personal data for specific purposes.
Yes.
There are no national-specific laws in this regard, but the Data State Inspectorate (DSI) has made some comments regarding the processing of children’s personal data.
a) processing specific types of children’s personal data
DSI has prepared guidance on the Protection of Children’s Data at Schools, where DSI explains data processing activities in relation to children in schools.
b) carrying out specific processing activities involving children’s personal data; and/ or
Regarding consent in schools, the DSI stated that as the child grows older, the school and the parents should be increasingly willing to take the child's views into account, especially in situations where, for example, the child does not want his or her data to be processed. Thus, allowing the child to withdraw this consent or to object to the processing. This also promotes the child's autonomy to decide on important matters.
c) using children’s personal data for specific purposes.
N/A
Additionally, see more information on the EU-level requirements here.
Has there been any enforcement action by your national data protection/ privacy regulator(s) concerning the processing of children’s personal data? In your answer, please include information on the volume, nature and severity of sanctions.
Yes.
Recently, the Latvian courts upheld the biggest GDPR fine in Latvia's history – €1.2 million.
The fine was imposed in connection with the processing of personal data while providing the content streaming service. The Data State Inspectorate received information from the State Police in August 2021 that minors’ personal data were being processed when signing contracts for electronic communication services with a telecommunications service provider, which were then passed on to an external debt collection company. Despite the contract not being electronically confirmed and signed by the client, the service provider transferred the underage personal data, leading to the fine.
Are there specific rules concerning electronic direct marketing to children?
No.
Generally, direct marketing is regulated by the Law on Information Society Services. However, the Law does not mention specific rules regarding direct marketing to children, nor does it stipulate a minimum age for such.
According to the Unfair Commercial Practice Prohibition Law, there is a prohibition on including in an advertisement a direct invitation to children to purchase the goods or to receive the service, digital service, or digital content, or to persuade the parents or other adults to purchase the goods or to receive the service, digital service, or digital content.
Are there specific rules concerning the use of adtech tracking technologies, profiling and/or online targeted advertising to children?
Yes.
There are no national-specific laws in this regard; see more information on the GDPR-level requirements here.
Separately, under the Digital Services Act, organisations that fall under the definition of providers of online platforms are prohibited from advertising to children using personal data-based profiling (i.e. personalised/ targeted advertising).
Additionally, see more information on the EU-level requirements here.
Are there specific rules concerning online contextual advertising to children?
Yes.
To our knowledge, there are no specific privacy rules relating to the online contextual advertising of children.
See more information on the EU-level requirements here.
Has there been any regulatory enforcement action concerning advertising to children? In your answer, please include information on the volume, nature and severity of sanctions.
No.
We are not aware of any decision concerning advertising to children.
At what age does a person acquire contractual capacity to enter into an agreement to use digital services?
Pursuant to the Latvian Civil Law, persons who are over 18 years of age have contractual capacity to enter into an agreement, otherwise the agreement is void. However, there are some exceptions to this rule (such as marriage).
Do consumer protection rules apply to children?
Yes.
The Latvian Consumer Rights Protection Law does not distinguish between the consumer protection rules for minors (children) and adults, but states in general terms that a consumer is a natural person who wishes to purchase, purchases or could purchase or use a good, service, digital content or digital service for a purpose that is not related to his or her economic or professional activity.
Therefore, any natural person who meets these criteria, including children, is therefore considered a consumer and is subject to consumer protection rules. This also includes parents since they are considered representatives of children.
Additionally, see more information on the EU-level requirements here.
Are there any consumer protection rules which are specific to children only?
Yes.
The Advertising Law, one of the aims of which is to protect the interests of individuals and society in the field of advertising, sets out multiple restrictions regarding product service or advertisements for children. For example:
- advertising directed to children or advertising which has been created with the participation of children shall not threaten the rights or interests of children and in its creation, regard shall be had to the perception and psyche of children;
- exploiting the natural credulity or lack of experience of children in advertising is prohibited; and
- exploiting children in the advertising of alcoholic beverages, energy drinks, and tobacco products or other products or devices for smoking or their refill containers, and directing advertising of alcoholic beverages, energy drinks, and tobacco products or other products or devices for smoking or their refill containers at children are prohibited.
In addition, where advertising is directed to children, it is prohibited:
- to include assertions, or visual or audio information, which could cause moral or physical harm to them or create feelings of inferiority;
- to include encouragement for or to encourage aggressiveness, violence or sexual activities, to discredit the authority of parents, family, guardians and teachers;
- to draw attention to the fact that the acquisition of specific goods or services creates physical, social or psychological advantages over peers or that the lack of the relevant good creates the opposite result;
- to unmistakably indicate that the acquisition of the good or service to be advertised is possible for any family, irrespective of its budget; and
- to portray children in dangerous situations.
Similarly, the Unfair Commercial Practices Law prohibits aggressive commercial practices, including advertising that contains a direct invitation to children to purchase a product or service, digital service or digital content, or otherwise aims to persuade parents or other adults to purchase a product or service, digital service or digital content.
Additionally, see more information on the EU-level requirements here.
Has there been any regulatory enforcement action concerning consumer protection requirements and children’s use of digital services? In your answer, please include information on the volume, nature and severity of sanctions.
No.
N/A
Are there any age-related restrictions on when children can legally access online/ digital services?
Yes.
In Latvia, the following goods and services are restricted to certain ages:
- gambling
- alcohol, cigarettes, vaping; and
- pornography.
To the extent such goods and services are accessed online by children, such restrictions will generally also apply.
Are there any specific requirements relating to online/ digital safety for children?
Yes.
The Electronic Mass Media Law (EMML) states that an electronic mass medium and video-on-demand service provider shall not distribute on-demand audio and audiovisual programmes or services with such content that may be harmful to the physical, mental and moral development of minors, (except for some cases mentioned in the EMML) or the electronic mass medium ensures conditional access control. This is defined as a device, software or other solution which allows the reception of a service only by an authorised user. In practice, such conditional access control would work on content with certain age restrictions, where access to such content is provided through authorisation (e.g. confirming that the user is aged over 18).
(In this regard, it is also worth noting that, according to Section 24 (10) of the EMML, it is not permissible to use the personal data of minors obtained by the electronic mass medium while performing conditional access control for commercial purposes, except for the cases where it is necessary for the direct provision of a service with the consent of the data subject.)
An acoustic warning must be provided before such audiovisual works, and they must be specially marked with a visual symbol characterising the potentially harmful nature of the content of the electronic mass media service.
In addition, electronic mass mediums and video-on-demand service providers must each develop a code of conduct where they indicate the basic principles of operation, the accepted conditions of ethical activity, regulations regarding inappropriate audio and audiovisual commercial communications, including those the target audience of which is minors and which may negatively affect the psychological or physical development of minors. The code of conduct must also include regulations which apply to audio and audiovisual commercial communications included within broadcasts intended for children's audience. The electronic mass media or the video-on-demand service provider shall publish the code of conduct on their website.
Additionally, see more information on the EU-level requirements here.
Are there specific age verification/ age assurance requirements concerning access to online/ digital services?
Yes.
There are no specific national rules related to age verification when accessing online/digital services. See more information on the EU-level requirements here.
Are there requirements to implement parental controls and/or facilitate parental involvement in children’s use of digital services?
Yes.
According to the Electronic Mass Media Law an electronic mass medium shall, in providing on-demand services which might seriously impair the physical, mental and moral development of minors, ensure conditional access control for such services (so they are not receivable under normal conditions). This is defined as a device, software or other solution which allows the reception of a service only by an authorised user. In practice, such conditional access control would work on content with certain age restrictions, where access to such content is provided through authorisation (e.g. confirming that the user is aged over 18). (In this regard, it is also worth noting that, according to Section 24 (10) of the EMML, it is not permissible to use the personal data of minors obtained by the electronic mass medium while performing conditional access control for commercial purposes, except for the cases where it is necessary for the direct provision of a service with the consent of the data subject.)
Additionally, see more information on the EU-level requirements here.
Has there been any regulatory enforcement action concerning online/ digital safety? In your answer, please include information on the volume, nature and severity of sanctions.
No.
N/A
Are there any existing requirements relating to children and AI in your jurisdiction?
Yes.
There are no national-specific laws in this regard; the AI Act (Regulation 2024/1689) applies in this context. See EU-level response here.
Are there any upcoming requirements relating to children and AI in your jurisdiction?
Yes.
There are no national-specific requirements in this regard; see EU-level response here.
Has there been any other regulatory enforcement activity to date relevant to children’s use of digital services? In your answer, please include information on the volume, nature and severity of sanctions.
No.
N/A
Are there any other existing or upcoming requirements relevant to children’s use of digital services?
Yes.
There are no existing or upcoming requirements relevant to children’s use of digital services at national level. See more information on the upcoming EU-level requirements here.
Contributors
Ieva Andersone
Sorainen
Krišjānis Cercens
Sorainen
