The protection of minors online has become a central issue in recent debates on internet regulation, prompting the adoption of new measures in several countries, including Australia and Brazil, as well as, more recently, a landmark judicial settlement in the United States. In this context, the European Commission proposed the EU KIDS Act (EU Keeping Internet Digital Spaces Accountable and Trustworthy) in September 2026. The proposal is intended to complement and strengthen the legal framework established by the Digital Services Act (DSA) and the AI Act, tailoring it more specifically to the risks faced by minors in digital environments.
The scope of the EU Kids Act extends to online social networking services, video-sharing platforms, app stores, online games, operating systems, general conversational chatbots, and AI companions, defined as systems that offer prolonged and personalized interactions that imitate or facilitate a social, emotional, or interpersonal relationship with the user.
The proposal introduces a gradual, age-based approach to accessing social media and video-sharing platforms that offer features considered high risk, such as livestreaming, contact with strangers, profiling-based recommendations, infinite scrolling, etc. Children under the age of 13 would not be allowed to create accounts. As an exception, video-sharing platforms specifically designed for children under 13 could allow a parent or guardian to grant access through their own account, subject to parental controls, for children as young as three years old. Between the ages of 13 and 15, access could be provided through a simplified account supervised by a parent or guardian, with reduced functionality and a daily usage limit of one hour. From the age of 15 onward, minors would be permitted to create and manage their own accounts independently.
Among its provisions, the proposal imposes harmonized safety requirements on covered service providers and prohibits any practices aimed at circumventing their obligations, whether contractual, commercial, technical, or linked to interface design. It also establishes a general “safety by design” obligation, including a prohibition on designing or operating services in a manner likely to encourage compulsive or excessive use. In particular, the measures adopted must preserve minors’ school time and core sleeping hours.
The proposal also introduces specific requirements for certain categories of services, particularly AI companions, general conversational chatbots, providers of online games and software app stores. It further encourages the adoption of codes of conduct and is designed to operate alongside the DSA with regard to the identification and mitigation of systemic risks.
The progress of this proposal will deserve close attention, particularly in light of developments in France, where the law of 24 August 2026 aimed at protecting minors from the risks associated with social media use was struck down by the Constitutional Council. The Council held that the legislation imposed a “disproportionate restriction” on freedom of expression.
Maria Eduarda Oliveira
Stagiaire département PLA
