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sec_4_2_5__para__5

COMMISSION NOTICE – Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market · European Union

Furthermore, many users of social media are children and young people. Consequently, Article 5(3) of the UCPD can be relevant as a legal basis for protecting vulnerable consumers and the disclosures of commercial communications must be understandable for the likely target audience, taking into account the specific circumstances of each case and the environment of the specific social media platform. In addition, point No 28 of Annex I prohibits direct exhortations to children in commercial communications. Targeted advertising practices that focus on children as the target group therefore cannot contain any direct exhortations to buy the advertised products under the UCPD. Furthermore, there are specific rules under GDPR regarding the validity of children’s consent and the provision of information when information society services are offered directly to children. Targeted advertising may also fall under the rules on automated decision-making in Article 22 GDPR (354).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.