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I believe this is incorrect. EU law also applies in three EEA countries, but the terms of service are poorly drafted and fail to include those countries. The same is true of the UK. The UK is not "considered to be part of the EU" for any purpose; it has become a non-EU country in which EU law continues to apply for some time.
– phoog
Commented Feb 6, 2020 at 22:01
1

@DaleM: The "unnamed EU law" would be the GDPR, which only defaults to 16, but is implemented in the UK as a minimum of 13, so a more reasonable assumption would be that the UK's national law now applies.
– MSalters
Commented Feb 7, 2020 at 0:25
1

@phoog: I agree that the age restriction did not follow from EU law, which is exactly why I argued that it's irrelevant to which degree the UK is still bound by EU law. The TOS is worded in terms of EU membership, which has ended. That literal interpretation is reasonable as it's not in conflict with UK law post-Brexit.
– MSalters
Commented Feb 7, 2020 at 14:13
1

@MSalters but the question is not about whether the UK is bound by EU law. The question is about whether the age restriction in the TOS applies to people in the UK.
– phoog
Commented Feb 7, 2020 at 15:43
1

@phoog: Why would they? The TOS has a very well-defined term (located in the EU), which does not apply to people in the UK anymore than it does to people in the US. The reverse case could have been hard (country joins the EU, are existing users between 13-16 affected?). But in this case the text is utterly clear. New users located in the UK can enroll if they're born after 2007-01-31.
– MSalters
Commented Feb 7, 2020 at 16:00

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