Latham & WatkinsยทTECHNOLOGY / AI

EU Commission Proposes KIDS Act With Under-15 Social Media Curbs

The Commission's 17 September draft would phase in under-15 access limits on social and video platforms, certified age assurance, safety-by-design duties and AI Act fines up to 6% of global turnover.

On 17 September 2026 the European Commission published its proposal for an EU "KIDS Act" harmonising age-based restrictions and safety duties for services accessed by minors. Social-networking and video-sharing services meeting risk factors such as live streaming to unspecified audiences, off-network contact and uninterrupted-consumption design would face under-15 access restrictions on a staggered basis. Providers must age-check existing accounts within six months, using EU-certified age verification rather than self-declared dates of birth; other categories, including app stores, games, operating systems and AI companions, may use alternative assurance consistent with accuracy, reliability, security and non-discrimination principles, with zero-knowledge approaches flagged as the expected form. VLOPs would file compliance plans, obtain independent audits and publish summaries. Supervision runs through existing machinery: national digital services coordinators or the Commission under the DSA, and exclusive Commission/AI Office competence for AI companions and chatbots under the AI Act, with penalties up to 6% of worldwide turnover, alongside GDPR exposure. The Commission also proposes extending the Representative Actions Directive, enabling qualified entities to bring collective damages claims, and flags tension with national ages of consent for data processing. The text is a proposal requiring Parliament and Council agreement, so thresholds and timelines may shift; clients should model compliance costs and age-assurance procurement now, and track negotiation plus divergence with COPPA and the UK Online Safety Act.

eu-kids-actonline-child-safetyage-assurancedigital-services-actai-actminors-protectioneu-digital-regulation

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