Children under 13 should not be able to have their own social media accounts and 13- and 14-year-olds should only be allowed to use them via parent-controlled accounts. At the same time, platforms will be forced to remove features that encourage excessive use among children. These are some of the key points in the European Commission’s new EU Kids Act.

The European Commission on Thursday presented its proposal for the new law, called the EU KIDS Act – EU Keeping Internet Digital Spaces Accountable and Trustworthy. The aim is to create common rules across the EU to protect minors online. The proposal covers, among other things, social media, video platforms, online games, app stores, operating systems, and AI services.

The most notable part is the new age model for social media and certain video platforms. Children under 13 will not be allowed to create their own accounts. Between the ages of 13 and 15, use can only occur through an account managed by a parent or guardian, with limited functions and a time cap of one hour per day. From age 15, teenagers will be able to create and manage their own accounts.

For 13- and 14-year-olds, the proposal also suggests that parents should be able to control, among other things, which contacts the child can have. These accounts will also have parental controls enabled by default.

Ban on addictive features

The bill, however, is about much more than just age limits. The European Commission wants to introduce so-called safety by design rules, meaning that services used by children should be safe by default in their basic design.

The Commission wants to limit features that may encourage excessive use, such as endless scrolling, various types of reward mechanisms, and push notifications during the night. Minors’ profiles are to be private by default, and it must be easy to block or mute other users.

Unwanted contact from strangers will also be prohibited for minors. Thus, the Commission is targeting not just the content children see, but also the technical design of the services they use.

Special rules for AI companions

AI is also included in the proposal. AI companions and general chatbots used by children shall, according to the Commission’s proposal, have stronger protections.

AI companions are to be switched off by default for children and cannot be designed in a way that risks creating emotional dependence in minors. Before AI companions and chatbots can be released onto the market, providers must demonstrate that they meet the new requirements and have systems in place to detect new risks and incidents.

The Commission describes the background as a growing problem with digital services designed to keep users engaged for as long as possible. The EU’s proposal is based in part on prior work from a panel of experts in online child safety.

Mandatory age verification

A key issue will be how the age limits can actually be enforced. The European Commission therefore wants to introduce common rules for age verification.

It will not be sufficient for a user to simply enter a date of birth. Social media and video platforms must verify age when a new account is created and also be able to verify existing accounts.

At the same time, the Commission emphasizes that the system should not require users to submit identity documents to every platform. Instead, age verification should be possible via independent solutions, including the EU’s age verification app.

The idea is that the platform should only know whether the user is above or below a certain age threshold, without access to identity documents or biometric data.

Platforms given greater responsibility

For the largest digital platforms, the EU also wants to reverse the burden of proof. Instead of authorities first having to demonstrate that a service does not sufficiently protect children, major platforms may have to prove that their services comply with requirements.

For very large online platforms, companies would, among other things, have to submit plans for how rules will be followed and undergo compliance audits by independent reviewers. Fines, according to the proposal, could reach up to six percent of a company’s global annual revenue.

The need for common rules, the Commission argues, is because several member states are already introducing or discussing their own age regulations. The Commission warns that differing national rules could result in a patchwork of legislation within the EU.

Negotiations ahead

The EU Kids Act is not yet law. The proposal will now be processed by the European Parliament and the Council of Ministers, who together must agree on the final legislation.

This means that both the age limits and other requirements may be amended during the ongoing legislative process. However, the Commission’s proposal marks a clear shift: the EU no longer wants to place sole responsibility on parents to limit children’s use of digital services, but to also make the technical design of platforms a central part of regulation.

Criticism

Criticism of the EU Kids Act focuses, among other things, on the risk that age verification will create new privacy and security issues. Critics argue that a system in which users must prove their age can lead to increased processing of sensitive personal data, even though the European Commission claims its solution can verify age without platforms accessing identity documents or biometric information.

The effectiveness of the system has also been questioned, as children may try to circumvent restrictions, for example by using VPN services or turning to less regulated platforms.

Criticism also points to the risk that focusing on age limits targets the wrong problem: for example, Eurochild has argued that the central risks rather lie in platforms’ algorithms, behavioral steering, and addictive design.

There have also been objections that EU regulation may add yet another layer of digital law when several member states already have their own models and age rules.

Criticism also comes from the Sweden Democrats:

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