Children’s Online Privacy Code

The Privacy and Other Legislation Amendment Act 2024 (the Act) introduced a mandate for the Office of the Australian Information Commissioner (OAIC) to develop a Children’s Online Privacy Code (the Code), which will put children at the centre of privacy protections in Australia.

The Code is an APP Code which specifies how online services, like apps, games and websites, likely to be accessed by children or primarily concerned with the activities of children, must comply with the Australian Privacy Principles (APPs) and sets out additional requirements in relation to the handling of children’s personal information.

The Code will apply to online services which fall under the categories of social media services, relevant electronic services and designated internet services, as defined by the Online Safety Act 2021.

The Code is a legislative instrument that sits under Australia’s existing Privacy Act 1988 (the Privacy Act) and will complement other online privacy and safety measures across government.

While the primary objective of the Code is to improve privacy protections for children, it will also play an important role in uplifting privacy practises across entities more broadly.

To support participation in the draft Code consultation, the OAIC has created a dedicated Privacy for Kids hub.

Access the hub here Privacy for Kids

The Privacy for Kids hub has resources to support children, young people, and parents and carers participate in the consultation, including workbooks and child-friendly guides that explain the draft Code.

From 31 March to 5 June 2025, the OAIC is seeking feedback on the Exposure Draft of the Children’s Online Privacy Code.

For children, young people and parents/carers learn how to participate in the consultation by heading to Children’s Online Privacy Code (consultation for children and parents).

For industry, civil society, academia and other interested parties learn how to participate in the consultation by heading to Children’s Online Privacy Code (consultation for industry, civil society, academia and other interested stakeholders)

September 2024: the Privacy and Other Legislation Amendment Bill introduced to Parliament. A short public consultation is held – read OAIC’s submission.

December 2024: Bill passed and received Royal Assent, becoming an Act.

December 2026: the Code will be in place by 10 December 2026.

January 2025 – August 2025: Phase 1 consultations with children, young people, parents and carers, as well as relevant organisations focused on children's welfare.

April 2025 – August 2025: Phase 2 consultations with industry stakeholders, civil society and academia.

31 March 2026 to 5 June 2026: Phase 3 consultations seek feedback on the draft Code from children, young people, parents and carers, as well as industry stakeholders, civil society, academia and other interested parties.

You are invited register for the upcoming OAIC Webinar on the Children’s Online Privacy Code Public Consultation on Wednesday 1 April at 1pm-2pm AEDT.

Register to attend the webinar: OAIC Webinar: Children's Online Privacy Code Public Consultation | Meeting-Join | Microsoft Teams

December 2026: The Code must be finalised and registered by 10 December 2026.

The OAIC’s approach to developing the Code will be based on research, evidence and extensive consultations.

As Code developer, our ultimate objective is not to prevent children from engaging in the digital world, but rather to protect them within it through strengthened privacy protections for the handling of their personal information.

We want to ensure that the Code reflects the real experiences and needs of children and their families. That is why we continue to consult directly with children, parents and caregivers, alongside experts in child welfare, privacy and online safety. Their insights will help shape a code that allows children to engage in the digital world safely by setting high privacy standards for organisations that collect and use children’s personal information

To the extent possible, we continue to look to international frameworks, such as the UK’s Age Appropriate Design Code and Ireland’s Children’s Fundamentals for Data Processing, while recognising there are differences in the underlying legal frameworks and leverage the learnings of Australia’s international counterparts.

The Act requires that the OAIC make available a draft of the Code for public consultation, which will last at least 60 days, invite the public to make submissions, consider any submissions made within the specified period, consult with eSafety and the National Children’s Commissioner and register the Code within 2 years from the day of the Bill’s Royal Assent.^[1]

Ultimately, the content of the code will be determined through the code development process. The OAIC intends to adopt a transparent and collaborative approach. The OAIC will continue to consult widely with children, parents, child development experts, child welfare advocates, civil society, other regulators and across the online industry to ensure different voices are heard and represented throughout the process.

To ensure broad engagement and feedback, our consultation process has taken place in several phases, with ongoing engagement throughout each phase.

As of March 2026, we have had more than 65 individual engagements with key stakeholders from across government, international regulators, industry, academia and the community.

You can also learn more about our previous consultations at our Past COPC consultations page.

Completed: Phase 1 (January to August 2025)

Initial discussions with children, parents and relevant organisations focused on children's welfare. This included:

• 337 children, young people and parents/carers responded to our online worksheets in June 2025.
• We met with relevant national and international parties in this process including, but are not limited to
  • international counterparts
  • eSafety Commissioner
  • children’s rights, wellbeing, and protection groups
  • educators and frontline service workers
  • out-of-home care groups
  • representatives of culturally and linguistically diverse communities
  • First Nations community representatives

Completed: Phase 2 (April to August 2025)

Engagement with civil society, academia and industry stakeholders to gather insights and perspectives. This included:

• 167 virtual attendees to the OAIC’s public webinar about the Code in May 2025.
• 61 submissions in response to our Children’s Online Privacy Code Issues Paper.
• 70 participants in a one-day workshop (April 2025) in which digital rights and civil society representatives from academia gave feedback.
• 32 industry stakeholders, including representatives from the tech, education, gaming, retail, and telecommunications sectors, attended three industry roundtable discussions in July 2025.

Phase 3: Tuesday 31 March 2026 to Friday 5 June 2026.

The OAIC is seeking feedback from children, young people, parents and carers, as well as from academic, civil society, government, industry stakeholders and other interest parties on the Exposure Draft and Explanatory Statement of the Code.

For children, young people, parents and carers, the OAIC have developed a range of supporting materials including child-friendly guides, workbooks, and lesson plans for educators and facilitators to help explain the Exposure Draft in age-appropriate ways.

Head to our Privacy for Kids hub to learn more: Privacy for Kids

For children, young people and parents/carers learn how to participate in the consultation by heading to Children’s Online Privacy Code (consultation for children and parents).

For industry, civil society, academia and other interested parties learn how to participate in the consultation by heading to Children’s Online Privacy Code (consultation for industry, civil society, academia and other interested stakeholders)

You are invited register for the upcoming OAIC Webinar on the Children’s Online Privacy Code Public Consultation.

This webinar will take place on Wednesday 1 April at 1pm-2pm AEDT.

This webinar will cover:

• The background of the Code
• Past consultations and findings
• An overview of the draft Code
• How to participate in the public consultation
• Q&A

Register to attend the webinar: OAIC Webinar: Children's Online Privacy Code Public Consultation | Meeting-Join | Microsoft Teams

Ongoing: we will continue working with stakeholders across government to ensure a consistent and complementary approach to addressing online harms for all Australians throughout the code development process.

What happens after the public consultation?

The OAIC will give consideration to submissions made within the consultation period.

The OAIC will also engage in a Regulatory Impact Analysis to conduct a cost-benefit analysis of the implantation of the Code.

Where appropriate and required, the OAIC will continue to consult with relevant stakeholders throughout this activity to ensure different voices are heard and represented throughout the process in developing the final Code.

The final Code must be registered by 10 December 2026.

The Code applies to businesses or organisations covered by the Privacy Act 1988 (APP entities) if:

• they are a provider of a social media service, a relevant electronic service or designated internet service^[2]
• the service is likely to be accessed by children or primarily concern the activities of children, and
• if the entity is not providing a health service.

The OAIC may also specify additional APP entities that must comply with the Code.

The Code is a set of special rules that online services like apps, games and websites must follow to protect children’s privacy online. It makes sure that online services that children use or concern the activities you do, take care of your personal information.

Personal information is things like your name, address, email, phone number, school, date of birth, photos or videos of you, location, and online activity.

Protecting your personal information online is one important step to protecting your online privacy.

Head to our Privacy for Kids hub to learn more about the Code: Privacy for Kids

Remember, while the Code helps protect your information, it’s still important to be careful when you’re online. Always talk to a trusted adult if something doesn’t feel right.

How does it help children?

We are writing the Code to help make the internet a place that protects children’s online privacy.

The Code is different from the social media restrictions that delayed under 16 year old children from age-restricted social media platforms.

The aim of the Code is not to prevent children from engaging online, but to ensure their personal information is protected within that space and will work in conjunction with broader government initiatives.

Children’s Online Privacy Code: Public Consultation Report: Read the report that summarises the key themes reflected in the perspectives of 337 children, young people and parents/carers who responded to our 2025 consultation.

Children’s Online Privacy Code - children’s consultation report: Read the child-friendly report on what we heard from children and young people in our 2025 consultation.

Sunshine and double rainbows – building a better online environment for children and young people: Read the OAIC’s blog on our consultation approach for developing the Children’s Online Privacy Code.

Better privacy protections for children are coming: Read the OAIC’s blog on the Children’s Online Privacy Code.

Passing of bill a significant step for Australia's privacy law: Read the OAIC’s statement, issued when the Privacy and Other Legislation Amendment Bill passed.

A safer internet doesn’t need to compromise privacy: Read the OAIC’s blog on the intersections between online safety and privacy.

^[1] The Privacy and Other Legislation Amendment Act 2024 (Cth) (Act) received Royal Assent on December 11 2024.

^[2] Social media service, relevant electronic service and designated internet service are all within the meaning of the Online Safety Act 2021.

^[3]What is a health service provider?