Can you market to minors?
Why Marketing to Young Audiences Could Be the Most Legally Sensitive Move You Make
• 23 Sep 25
“Marketing to children is not just another audience strategy - it’s a legal minefield. Step carefully.” - Matthew Glynn
Introduction
Marketing to children may seem like a smart way to build early brand loyalty - but it could also expose your startup to some of the most stringent and unforgiving legal frameworks in existence. If your product or campaign appeals to minors, you may already be subject to laws you didn’t know applied.
This issue won’t affect every startup - but if it does, and you’ve missed it, the consequences can be severe. Laws governing marketing to children are strict, jurisdiction-specific, and often misunderstood. They regulate not just what you say, but how, when, and to whom you say it.
In this blog, we’re going to flag up some key considerations to help you better prepare to tackle this issue - because prevention is always better than the cure.
Legal issues are important but easily overlooked, especially when founders are focused on the big launch or the issue of the day - and in a startup, there’s always an “issue of the day”.
Optional Inclusion: What Does “Marketing to Children” Actually Mean?
Marketing to children refers to any promotional activity that is:
◼️Directed at individuals under the age of legal adulthood (typically under 13 or 16 depending on jurisdiction)
◼️Likely to appeal to minors, even if not explicitly targeted at them
◼️Delivered via channels commonly used by children (e.g., YouTube, TikTok, gaming platforms)
This includes advertising, data collection, influencer campaigns, product placements, and branded content - especially where personal data is involved.
Why This Topic Is Important
This can be an important issue for start-ups because:
◼️Legal Requirement: Many jurisdictions have specific laws governing marketing to children - including data protection, advertising standards, and parental consent.
◼️High Sensitivity: Children are considered a vulnerable audience, triggering heightened legal scrutiny.
◼️Digital Exposure: Online platforms make it easy to reach minors - often unintentionally.
◼️Product Appeal: Even if your product isn’t designed for children, it may still attract them (e.g., games, snacks, apps).
◼️Parental Backlash: Parents are highly sensitive to how their children are targeted - and quick to escalate concerns.
◼️Regulatory Enforcement: Authorities actively monitor and enforce child protection laws.
◼️Reputational Risk: Missteps in this area can cause lasting brand damage.
◼️Cross-Border Complexity: Rules vary significantly between jurisdictions - e.g., Singapore’s PDPA vs. the UK’s GDPR-K.
◼️Platform Policies: Social media platforms have their own rules about targeting minors.
◼️Investor Scrutiny: Marketing to children is a red-flag area in due diligence processes.
Q: Can startups market to children under 13?
A: Only under strict conditions - including verified parental consent and compliance with child-specific privacy laws. In many cases, it’s prohibited altogether.
Consequences of Not Addressing This Issue
The consequences of not attending to this issue may include the following:
Legal Implications
◼️Regulatory Fines: Breaches of child privacy laws (e.g., COPPA, GDPR-K, PDPA) can result in substantial penalties.
◼️Enforcement Action: Authorities may order the removal of campaigns, deletion of data, or suspension of services.
◼️Litigation Risk: Parents or advocacy groups may initiate legal action for unlawful targeting or data collection.
Commercial Implications
◼️Loss of Customers: Parents may boycott brands that appear to exploit or mislead children.
◼️Partnership Breakdown: Retailers, platforms, or partners may sever ties over non-compliance.
◼️Marketing Restrictions: You may be banned from advertising on key platforms or channels.
Operational Implications
◼️Campaign Disruption: Non-compliant campaigns may be pulled mid-launch.
◼️Resource Drain: Legal remediation efforts can consume time, money, and focus.
◼️Team Paralysis: Uncertainty around what’s allowed can stall creative and strategic planning.
Biz Valuation Issues
◼️Due Diligence Failures: Investors may reduce valuation or walk away due to child-targeting risks.
◼️Exit Risk: Acquirers may flag this as a reputational and regulatory liability.
◼️Brand Devaluation: Public exposure of child-targeting missteps can permanently damage brand equity.
The above lists are indicative issues - the relevance of which will depend on your circumstances including the nature of business undertaken by your start-up.
What You Need to Be Doing
We have identified quite a number of potential issues that the start-up needs to consider and below are some examples of the types of steps you might want to consider taking to address these issues considered above.
1. Assess Audience Exposure
◼️Determine whether your product, platform, or campaign is likely to attract or reach children - even unintentionally.
◼️Review your user demographics, content style, and distribution channels.
2. Understand Jurisdictional Laws
◼️Familiarise yourself with child-specific marketing laws in your operating jurisdictions - e.g., Singapore’s PDPA and the UK’s GDPR-K.
◼️Note age thresholds, consent requirements, and data handling rules.
3. Avoid Behavioural Targeting
◼️Do not use cookies, profiling, or behavioural tracking for users under the age threshold.
◼️Disable ad personalisation features for child audiences.
4. Implement Age Gates
◼️Use age verification tools to prevent underage users from accessing marketing content or signing up for services.
◼️Ensure these tools are robust and not easily bypassed.
5. Obtain Verified Parental Consent
◼️If you must collect data from minors, obtain verifiable parental consent before doing so.
◼️Keep records of consent and provide clear opt-out mechanisms.
6. Review Content and Messaging
◼️Ensure your marketing content is age-appropriate, non-exploitative, and does not use pressure tactics.
◼️Avoid language or imagery that could mislead or manipulate children.
7. Train Your Marketing Team
◼️Educate your team on the legal boundaries of child-targeted marketing.
◼️Provide clear internal guidelines and approval workflows.
◼️The above suggestions are just a few of the steps you can consider taking. There are many more things that need to be done to ensure the associated risks are effectively and pragmatically dealt with.
Q: Can I use influencers to promote products to children?
A: Only if the content complies with advertising standards and child protection laws - and does not collect personal data without parental consent.
How These Risks Can Play Out
Case Study 1: The App That Got Pulled
A startup launched a mobile game that appealed to children but collected behavioural data without parental consent. Regulators in Singapore ordered the app removed from stores, and the startup faced a public backlash that tanked its user base.
Case Study 2: The Influencer Misstep
A UK-based startup used a popular teen influencer to promote a product without disclosing sponsorship. The Advertising Standards Authority ruled the campaign misleading, and the startup was banned from running similar ads for 12 months.
Case Study 3: The Funding Freeze
During a Series A round, investors flagged that a startup’s platform had underage users but lacked age gating and consent protocols. The funding was paused pending legal remediation - delaying growth by six months.
Frequently Asked Questions
Q: Can I market to children if I don’t collect their data?
A: Possibly - but you must still comply with advertising standards and avoid misleading or manipulative content.
Q: What age counts as a “child” in marketing law?
A: It varies - under 13 in Singapore’s PDPA, under 16 in the UK’s GDPR-K. Always check local definitions.
Q: Do I need parental consent to send marketing emails to minors?
A: Yes - in most jurisdictions, parental consent is required before collecting or using a child’s personal data.
Q: Can I run ads on platforms like TikTok or YouTube that children might see?
A: Only if the content complies with platform policies and child protection laws - and does not target or track minors.
Understanding the Legal Terminology
◼️Parental Consent: Verified permission from a parent or guardian to collect or use a child’s personal data.
◼️Age Gate: A mechanism to prevent underage users from accessing certain content or services.
◼️Behavioural Targeting: Using data to personalise ads based on user behaviour - often prohibited for minors.
◼️GDPR-K: The child-specific provisions of the UK’s GDPR, applying to users under 16.
◼️COPPA: U.S. law regulating online data collection from children under 13.
◼️PDPA (Singapore): Singapore’s Personal Data Protection Act - includes provisions for minors.
◼️Advertising Standards: Rules governing how products can be promoted to children.
How GLS Can Help You
By building your legal team capability on the GLS platform, you will be capable of:
◼️Rapidly assessing your exposure to child-targeting risks
◼️Accessing pre-built age gating and parental consent templates
◼️Getting expert reviews of your marketing content and audience segmentation
◼️Training your team on child protection laws and platform policies
◼️Avoiding costly legal missteps before they happen
Final Thoughts
Marketing to children is not just a creative challenge - it’s a legal one. The rules are strict, the risks are high, and the consequences can be lasting. If your startup’s product or messaging could appeal to minors, you need to be proactive, precise, and fully compliant. The good news? With the right legal infrastructure in place, you can navigate this space safely and responsibly.
Observations and Tips
- Review Child Protection Laws Early: Assess advertising, privacy, and consumer protection rules applicable to minors.
- Obtain Required Parental Consent: Secure valid parental approvals where laws require consent for data collection or marketing.
- Avoid Manipulative Advertising Practices: Do not exploit children’s vulnerability, inexperience, or emotional susceptibility.
- Limit Behavioural Tracking:Restrict profiling, targeted advertising, and location tracking involving minors.
- Use Age-Appropriate Content: Ensure marketing materials are suitable, transparent, and understandable for younger audiences.
- Disclose Sponsored Content Clearly: Make influencer, affiliate, and promotional content easily identifiable to minors.
- Protect Children’s Data Carefully: Collect only necessary information and implement heightened privacy safeguards.
- Comply with Platform Restrictions: Follow age-related advertising and content rules imposed by digital platforms.
- Review Product-Specific Restrictions: Certain products and services may face additional limits when marketed to minors.
- Train Marketing & Product Teams: Ensure teams understand child advertising and privacy compliance obligations.
- Maintain Consent & Compliance Records: Retain evidence of parental permissions and age-verification processes.
- Avoid Aggressive Engagement Tactics: Pressure-based promotions targeting minors increase regulatory and reputational risks.
- Prevent Reactive Compliance Fixes: Late legal review can lead to enforcement action, platform penalties, and public criticism.
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