Regulation of social media

13 years old to create an account, 15 years old to give consent to the use of one’s data independently, 16 years old under the GDPR… Several age limits regularly crop up in discussions about children and social media. Another age limit – 15 – is now emerging in French and European debates on minors’ access to platforms. However, these different age limits do not correspond to the same rules or the same rights.

Let’s take a closer look at what the regulations actually stipulate!

13 years old – the age limit set by the platforms

Instagram, TikTok, Snapchat and Facebook generally require users to be at least 13 years old to create an account.

This threshold is largely due to US legislation. The Children’s Online Privacy Protection Act (COPPA) imposes specific obligations on services aimed at children under the age of 13, as well as on services that know they are collecting their personal data. In particular, it requires verifiable parental consent to be obtained before certain activities involving the collection, use or disclosure of such data.

The age of 13 is therefore not a general legal age for accessing social media in France. It is, first and foremost, a contractual rule imposed by the platforms. Furthermore, age verification measures vary, and providing a false date of birth can still allow users to circumvent this restriction.

Why do we also talk about 16 years?

The GDPR sets the European age threshold at 16, from which a minor may, in principle, give consent on their own behalf to the processing of their data in the context of an information society service.

However, the regulation allows each Member State to lower this age, provided it is not less than 13 years. France has made use of this option to set the threshold at 15 years. Other European countries may therefore apply a different age, ranging from 13 to 16 years.

15 years old: the age of digital consent in France

In France, a minor aged 15 or over may give consent on their own behalf to certain processing of their personal data offered as part of an online service, where such processing is legally based on their consent.

Before reaching this age, consent must be given jointly by the minor and one of the holders of parental authority. This rule is set out in Article 8 of the GDPR and Article 45 of the French Data Protection Act.

The Marcangeli Act of 2023: «digital majority» at 15

The 15-year-old age limit also features in the so-called «Marcangeli» Act of 7 July 2023, albeit with a different scope. This Act stipulates that social media platforms must refuse registration to minors under the age of 15, unless authorised by one of the holders of parental authority. It also required platforms to verify the age of their users and the existence of such parental authorisation.

However, its key provision was never brought into force. The draft legislation had not been notified to the European Commission in good time – that is, at least three months before its adoption – in accordance with the European procedure applicable to legislation introducing certain technical rules relating to digital services.

Article 7 of the Act does indeed provide that its entry into force would be determined by decree following receipt of a response from the European Commission confirming that the legislation complies with EU law. No such response was ever received, as the Commission considered that several provisions were incompatible with EU law.

Towards a European digital majority?

The issue of the ‘digital majority’ is also being discussed at European level. In early 2026, Ursula von der Leyen set up a special panel tasked with considering the safety of children and young people online and any age restrictions that might apply to social media and other digital services.

The report, submitted in July 2026, recommends supervised access for children under 13 to social media platforms and digital services that pose risks. The panel goes on to recommend a tiered system of protection based on the child’s age and stage of development, with teenagers being granted progressively greater autonomy in accessing services designed to ensure their safety.

Furthermore, its recommendations go beyond the issue of social media alone and cover a wider range of services, grouped under the term «social media+», including, in particular, video-sharing platforms, video games, AI-based chat services, and other environments incorporating algorithmic recommendations, features likely to encourage excessive use, or opportunities to interact with other users.

Following the submission of this report, the European Commission announced that it would carefully examine its recommendations and present a legislative proposal after the summer of 2026.

The significance of age in the protection of minors

Protecting children online involves, more broadly, preventing risks associated with cyberbullying, contact with strangers, harmful content, manipulative commercial practices and mechanisms that may encourage excessive use.

The guidelines on the protection of minors (Art. 28 DSA) published by the European Commission in July 2025 set out the measures expected. In particular, they recommend private accounts by default, greater control over services, the default deactivation of features that may encourage excessive use – such as autoplay, certain notifications, read receipts or «flames» – as well as effective blocking and reporting tools.

They also recommend the use of reliable age verification mechanisms where necessary, in particular to prevent minors from accessing certain adult-only content or services that could be harmful to their health, safety or security.

Humiliating content, a threat, a fake account, an intimate image shared without consent, or a case of cyberbullying can be reported directly to the platform.

The 3018 helpline can also provide support to children, teenagers, their parents and professionals. Designated by Arcom as France’s leading trusted reporting body under the DSA, the Association e-Enfance / 3018 has channels through which it can submit verified reports to platforms, ensuring they are processed as a priority.

Free, anonymous and confidential, the 3018 helpline is available 7 days a week, from 9 am to 11 pm, by telephone or via the 3018 app’s chat function.

Need assistance?

Bullying, cyberbullying, revenge porn, webcam blackmail, identity theft, exposure to violent and pornographic content, sexual violence, and usage (excessive screen time, video games, parental controls, account settings, etc.).