EU Kids Act: supervised accounts from the age of 13, independent access from the age of 15, new default safeguards… Key takeaways from this new regulation

A «Social Media+» approach that goes beyond social media

The EU Kids Act builds on Article 28 of the Digital Services Act and is intended to make several safeguards – which have so far been set out in the Commission’s guidelines – legally binding: security by design, protective default settings, recommendation systems, addictive features and so on insurance age.

Above all, the project adopts an approach «Social Media+». Its scope is not limited to social media and video-sharing platforms: it also includes online games, AI companions, conversational chatbots and app stores.

However, not all these categories are subject to the same rules. The 13- and 15-year-old age limits apply to account-based access to social media and video-sharing platforms offering certain high-risk features. The other services are primarily subject to ‘security by design’ requirements.

Gradually gaining independence between the ages of 13 and 15

The threshold for 15 years is the age at which users can access their accounts independently on social media and video-sharing platforms covered by the scheme. For children under 15, the rules are phased in. Between 13 and 15 years old, a legal guardian will be able to open an account with limited features: parental controls enabled, usage limited to one hour per day, and the option to pre-approve and restrict contacts.

For the under 13 years of age, the exception is much more limited: it applies only to video-sharing platforms specifically designed for children. Access is then granted via the legal guardian’s account, under their control. 

From 15 years, the minor may open their own account whilst continuing to benefit from the protections provided for in the regulations until they reach the age of 18.

Protection features included as standard and extended liability
in the app stores

The EU Kids Act also has an impact on the very design of services.

The recommendations based on the subtle signs of commitment The minor’s settings must be disabled by default. The minor must be able to control their recommendations, delete their preferences and choose an option that does not rely on profiling.

Geolocation, tracking, access to the microphone and camera, account recommendations, contact synchronisation and push notifications should also be disabled by default.

Contacts will be more strictly regulated: no direct contact without the minor’s prior consent, no recommending their account to other users, and Explicit consent is required before any additions are made to a group.

AI games and services are also subject to specific requirements. In particular, the legislation regulates mechanisms that encourage excessive use in games and features of AI companions that are likely to create emotional dependency.

App stores will have to introduce a age classification for apps and to prevent minors from accessing those that are not suitable for their age group.

Age verification

The proposal also establishes a European framework for age verification. In order to apply the 15-year-old age limit, platforms will have to use solutions that comply with the EU Age Verification Scheme certified by a public authority.

Reporting mechanisms tailored to minors

The relevant services should make it easy for young people to report content, an account, a group, a feature or behaviour which they regard as harmful.

These reports must be dealt with as a matter of priority and without undue delay. Minors must also be able to be referred to support resources and organisations.

Section 3018 is explicitly mentioned in the EU Kids Act

The draft refers directly to App 3018 as a support tool for minors, which should be capable of being linked to reporting mechanisms.

This new product is a continuation of the European plan to tackle cyberbullying which had already cited the 3018 as one of the national models on which the future European online security application is to be based.

Tighter regulation of the largest platforms

Social media and video-sharing platforms designated as VLOPs will be required to submit an independently audited compliance plan to the Commission.

The text also provides for a enforcement fast-track, with preliminary findings to be issued within 30 days and a final decision within 90 days once proceedings have been initiated by the Commission.

The EU Kids Act thus sets out a broader approach to the protection of minors: to gradually regulate access to these services, make them safer from the design stage onwards, and ensure a better link between reporting and support when violence occurs.

A broader European framework is taking shape

The The EU Kids Act complements the DSA and the AI Act without replacing them. Other legislation must simultaneously complement this framework. The future Digital Fairness Act must also address harmful commercial practices in the digital environment, including those affecting children as vulnerable consumers. The revision of the CPC Regulation must strengthen coordination between national authorities and grant the Commission direct powers of investigation and enforcement in certain cases. The revision of the Audiovisual Media Services Directive must also enhance the protection of minors from harmful audiovisual content.

At this stage, the text is a proposal for a regulation. It still needs to be negotiated and adopted by the European Parliament and the Council of the European Union before it can enter into force.