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13.10.2026

European Commission - Proposal for the EU KIDS Act (Keeping Internet Digital Spaces Accountable and Trustworthy)

Summary

The European Commission has proposed the EU KIDS Act, a directly applicable Regulation on children's safety online. It sets a harmonised minimum age of 15 for autonomous accounts on social networks and video-sharing platforms. It adds binding design duties for platforms, games, app stores and AI chatbots, and it makes EU-certified, privacy-preserving age verification the standard route to compliance. The proposal builds on the Digital Services Act (DSA) and the AI Act and uses their enforcement structures, but it goes further than both.

What: Legislative proposal

For whom: Policymakers, platforms, game developers, app stores, AI providers, schools and public institutions, parents and children

URL: Commission proposal

Key takeaways for Flanders

  • Flemish government: The proposal fixes one EU-wide minimum age for autonomous accounts, at 15 for in-scope platforms. This is likely to override the Flemish minimum age of 13 for "harmful" social media, announced in April 2026 and to be enforced by the Flemish Regulator for Media. The Flemish approach should therefore be aligned with the negotiations in Brussels. Flanders' own competence over media and its coordination with the federal level (which favoured a central age-verification route such as itsme or MyGov.be) will need clarification.
  • Federal & Flemish government: Member States must provide a free EU age-verification solution and a privacy-preserving way for guardians to prove parental responsibility from authentic sources (Art. 31). They must also submit a national strategy on support, helplines and digital literacy within 12 months of entry into force (Art. 33). Both tasks cut across federal and Flemish competences.
  • Businesses (platforms, game studios, app developers, chatbot providers): Small and micro enterprises are not exempt. Studios and app developers that were previously outside the DSA's minors' rules now face design duties and guardian-tool requirements. Game studios that are not platforms will be supervised by the authority of the Member State of main establishment (Art. 34(5)), which for Flemish studios means a Belgian authority. That authority still has to be designated. App developers will depend on store-level age ratings and on future codes of conduct.
  • Public institutions and education: Services run by educational establishments and services used exclusively by public authorities are exempt (Art. 2(4)). Schools, youth work, libraries and cultural institutions that reach teenagers through social media should expect under-15s to have no autonomous accounts. Public communication strategies for young people may need to shift to other channels.
  • Civil society and parents: Children and guardians can lodge complaints and mandate not-for-profit organisations to act for them (Art. 21). The Regulation is also added to the Representative Actions Directive, which opens the way to collective redress (Art. 41).

Introduction

Context and status

The proposal follows the July 2026 recommendations of the Special Panel on Child Safety Online convened by President von der Leyen. Its central argument for EU action is fragmentation. Belgium is among the Member States that notified national age-limit legislation under TRIS (Technical Regulation Information System), and national age limits range from 13 to 16. 

Scope

The Regulation covers seven categories of provider (Art. 2): online social networking services, video-sharing platforms, app stores, online games (video games and gaming platforms), operating systems, AI companions and general conversational chatbots. This can be seens as "social media+" and can create a situation in which one company can face different obligations for different products. Providers outside the EU are covered.

Under Article 6, children under 15 may not create autonomous accounts on social networks and video-sharing platforms that present risk features. These features include:

  • live streaming to an indeterminate audience;
  • contact with people outside the user's connections;
  • profiling-based recommender systems;
  • uninterrupted consumption or engagement-prompting notifications.

Guardians may open limited accounts for 13–14-year-olds, with guardian tools always on, a maximum of one hour per day and pre-approved contacts. Below 13, only exceptional guardian-controlled access is possible. It runs through the guardian's own account, on video platforms specifically designed for younger children, after a published impact assessment (Art. 7). Existing accounts of under-15s must be disabled within six months of application, including where age cannot be established (Art. 6(4)).

https://data-en-maatschappij.ai/uploads/Screenshot-2026-10-13-at-16-20-08-Factsheet_EU_KIDS_Act.pdf.pdf.png

Safety by Design (Chapter III)

The design duties apply by default to all users, including unregistered ones, unless adulthood is established through age assurance (Art. 8(1)). Providers may skip that check only where they can establish with high confidence that the user is not a minor (Art. 32(3)). The main duties are:

  • Addictive design (Art. 9): no autoplay without interruption moments, no notifications unrelated to the child's own activity, no rewards for live streaming, no engagement streaks, and time limits that protect school time and sleep.
  • Recommender systems (Art. 10): explicit preferences take priority, engagement-based signals are off by default, no data from outside the service is used, and at least one non-profiled option is offered.
  • Safe settings and contact safeguards (Arts. 11–12): geolocation, camera and microphone, contact recommendations and push notifications are off by default; no unsolicited contact; no live-streaming by default.
  • Economic transactions (Art. 13): prices in virtual currency are shown in real currency, and minors are not exposed to variable reward systems such as loot boxes.
  • AI companions and chatbots (Art. 14): no features likely to create emotional dependence, memory of past interactions off by default, testing before market placement and post-market monitoring (micro and small providers are exempt from the latter). Access below 13 only through guardian tools.
  • App stores (Art. 16): an age-rating system, blocking of age-inappropriate apps, and support for the EU age-verification solution.
  • Games (Art. 15) and agency of minors (Arts. 18–20): reduced design duties for games, child-friendly reporting and guardian tools.

The Commission may update these lists by delegated act (Art. 25).

Age assurance

Self-declaration is excluded, and Article 28(3) states that any age assurance measure "shall be zero knowledge proof". For the access delay, providers must rely exclusively on an EU age-verification solution based on an EU proof-of-age attestation (Art. 29(2)). European Digital Identity Wallets that meet the scheme are deemed compliant. Operating systems must share an age signal with in-scope providers, with the user's consent (Art. 29(6)). Until a delegated act is adopted, a guardian's self-declaration suffices for proof of parental responsibility (Art. 26(1)(c)).

Enforcement and timeline

Enforcement relies on existing DSA and AI Act structure (see Table 2). For very large platforms, the Commission proposes to communicate preliminary findings within [30] working days and to adopt a final decision within 90 working days (Art. 35). This contrasts with the nearly 
 nearly two years taken in recent TikTok proceedings. Very large platforms must also notify a compliance plan and have it independently audited at their own expense (Art. 5). The Commission finances its supervision through a fee of up to 0.03% of worldwide net income (Art. 36). For AI companions and chatbots, fines can reach 6% of worldwide turnover (Art. 34(2)). The Regulation would apply six months after entry into force, and a review is due by 31 August 2030 (Arts. 42–43). Parliament and Council can still amend the text, and several provisions still need to be confirmed.

Table 1: Overlaps and interactions

InstrumentType of linkWhere in the proposalWhat it means in practiceOverlap
DSA (2022/2065)Specifies and builds on Art. 28 DSAArts. 1, 2(6), 5, 22, 34–36Turns the July 2025 minors’ guidelines into binding rules. Compliance with the KIDS Act counts as compliance with Art. 28(1) DSA for the matters it covers. Compliance plans and audits fold into the DSA risk assessment and audit cycle. Ongoing DSA cases are unaffected.High
AI Act (2024/1689)ComplementsArts. 3(3), 8(3), 14, 24, 34(2)–(4)Adds child-specific duties for AI companions and chatbots and enforces them through AI Act procedures. When a chatbot is embedded in a social platform, only Sections III, V and VI apply to the chatbot.High
GDPR / ePrivacyRuns in parallelArts. 6(5), 10(3), 28, 34(6)The age limit of 15 applies alongside the national digital-consent ages under GDPR Art. 8. Age assurance is limited by data minimisation and zero-knowledge requirements. Data protection authorities police these rules.High
Digital Markets Act(2022/1925)Borrowed definitions and interoperabilityArts. 3(2), 3(4), 20(5)Definitions of social networking, video-sharing, app stores and operating systems are reused. Guardian tools of very large platforms must be interoperable with third-party tools.Medium
eIDAS 2 / EU Digital Identity WalletTechnical backbone of age verificationArts. 3(n)–(o), 29–31The EU Age Verification Scheme is mandatory for the access delay, and certified wallets are deemed compliant. Member States must offer a free solution.High
Audiovisual Media Services Directive(2010/13)Without prejudice; review pendingArt. 2(7)(a), recital 10Video-sharing platforms fall under both regimes. Where rules are similar but less specific, the KIDS Act prevails.Medium
Consumer law(UCPD, CRD, Digital Content Directive) and the Digital Fairness ActWithout prejudice; DFA to alignArts. 2(7)(b), 13, recital 21The rules on economic transactions, virtual currencies and loot boxes overlap with consumer protection. The division of labour with the DFA on addictive design is unclear (TechPolicy.Press; Ada Lovelace Institute).Medium
Child sexual abuse framework and Directive 2024/1385ComplementaryRecital 9, Art. 2(7)(d)Covers illegal content, while the KIDS Act covers design and access.Low

 

Table 2: Who supervises what

Provider typeSupervisorSanctions and notes
Very large social networks and video-sharing platformsCommission (DSA Chapter IV), with the expedited procedure of Art. 35DSA fines; compliance plan and audit; supervisory fee
Other social networks, video-sharing platforms, gaming platforms, app storesNational authorities designated under the DSA (Art. 49 DSA)DSA penalty regime
Video games that are not platformsAuthority of the Member State of main establishment (Art. 34(5))Member States set penalties; authority still to be designated
Operating systemsNot specified in Art. 34Open point: the enforcement route is unclear
AI companions and general chatbotsAI Act structure; AI Office where it has exclusive competenceUp to 6% of worldwide turnover (Art. 34(2))
Processing of personal data for age assuranceData protection authoritiesGDPR fines up to Art. 83(5)

Author

Frederic Heymans

Frederic Heymans

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