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MSalters
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There seems to be no case frofor confusion here. The UK already had a legal minimum age of 13, as allowed (but not mandated) by the GDPR. Companies did have the freedom to set a higher minimum age, as SE did. If they set a a higher minimum age, companies also had the freedom to later lower that.

By setting a minimum age of 16 only for EU countries, SE effectively lowered the minimum age for UK subscribers from 16 to 13 after Brexit. SE could (at its discretion) have done this even before Brexit.

Arguing otherwise would require an interpretation contrary to the text of the TOS. There can be legal reasons to do so, for instance if the text was not originally on violation of the law, but after a law change it is. In this particular case however the literal meaning (EU member) does not require such a contradiction.

Note that this TOS applies to a contract. The only third party which could bring a case would be the legal guardian(s) of the minor in the UK. That case would be that SE illegally entered into the contract in violation of UK law (which happens to be derived from the GDPR). There's no such violation if the minor is over 13. The guardian can't argue that the company broke its own TOS.

There seems to be no case fro confusion here. The UK already had a legal minimum age of 13, as allowed (but not mandated) by the GDPR. Companies did have the freedom to set a higher minimum age, as SE did. If they set a a higher minimum age, companies also had the freedom to later lower that.

By setting a minimum age of 16 only for EU countries, SE effectively lowered the minimum age for UK subscribers from 16 to 13 after Brexit. SE could (at its discretion) have done this even before Brexit.

Arguing otherwise would require an interpretation contrary to the text of the TOS. There can be legal reasons to do so, for instance if the text was not originally on violation of the law, but after a law change it is. In this particular case however the literal meaning (EU member) does not require such a contradiction.

There seems to be no case for confusion here. The UK already had a legal minimum age of 13, as allowed (but not mandated) by the GDPR. Companies did have the freedom to set a higher minimum age, as SE did. If they set a a higher minimum age, companies also had the freedom to later lower that.

By setting a minimum age of 16 only for EU countries, SE effectively lowered the minimum age for UK subscribers from 16 to 13 after Brexit. SE could (at its discretion) have done this even before Brexit.

Arguing otherwise would require an interpretation contrary to the text of the TOS. There can be legal reasons to do so, for instance if the text was not originally on violation of the law, but after a law change it is. In this particular case however the literal meaning (EU member) does not require such a contradiction.

Note that this TOS applies to a contract. The only third party which could bring a case would be the legal guardian(s) of the minor in the UK. That case would be that SE illegally entered into the contract in violation of UK law (which happens to be derived from the GDPR). There's no such violation if the minor is over 13. The guardian can't argue that the company broke its own TOS.

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Source Link
MSalters
  • 5.8k
  • 14
  • 19

There seems to be no case fro confusion here. The UK already had a legal minimum age of 13, as allowed (but not mandated) by the GDPR. Companies did have the freedom to set a higher minimum age, as SE did. If they set a a higher minimum age, companies also had the freedom to later lower that.

By setting a minimum age of 16 only for EU countries, SE effectively lowered the minimum age for UK subscribers from 16 to 13, as they were always allowed to, after Brexit. SE could (at its discretion) have done this even before Brexit.

Arguing otherwise would require an interpretation contrary to the text of the TOS. There can be legal reasons to do so, for instance if the text was not originally on violation of the law, but after a law change it is. In this particular case however the literal meaning (EU member) does not require such a contradiction.

There seems to be no case here. The UK already had a legal minimum age of 13, as allowed (but not mandated) by the GDPR. Companies did have the freedom to set a higher minimum age, as SE did. If they set a a higher minimum age, companies also had the freedom to later lower that.

SE effectively lowered the minimum age for UK subscribers from 16 to 13, as they were always allowed to, even before Brexit.

There seems to be no case fro confusion here. The UK already had a legal minimum age of 13, as allowed (but not mandated) by the GDPR. Companies did have the freedom to set a higher minimum age, as SE did. If they set a a higher minimum age, companies also had the freedom to later lower that.

By setting a minimum age of 16 only for EU countries, SE effectively lowered the minimum age for UK subscribers from 16 to 13 after Brexit. SE could (at its discretion) have done this even before Brexit.

Arguing otherwise would require an interpretation contrary to the text of the TOS. There can be legal reasons to do so, for instance if the text was not originally on violation of the law, but after a law change it is. In this particular case however the literal meaning (EU member) does not require such a contradiction.

Source Link
MSalters
  • 5.8k
  • 14
  • 19

There seems to be no case here. The UK already had a legal minimum age of 13, as allowed (but not mandated) by the GDPR. Companies did have the freedom to set a higher minimum age, as SE did. If they set a a higher minimum age, companies also had the freedom to later lower that.

SE effectively lowered the minimum age for UK subscribers from 16 to 13, as they were always allowed to, even before Brexit.