EU Commission takes DSA enforcement action to protect minors online

The European Commission recently announced that it had taken steps to enforce the EU Digital Services Act (DSA)’s provisions regarding online protection of minors. The DSA is the EU's equivalent online safety regime to the UK’s Online Safety Act regime.

Under Article 28 DSA, online platforms that are accessible to minors must implement appropriate and proportionate measures to ensure a high level of privacy, safety and security for minors on their service. Services designated as Very Large Online Platforms (VLOPs) must also conduct a risk assessment that (amongst other things) considers the risks of their services to children and implement targeted measures to mitigate those risks, such as age verification and parental controls. 

In its first investigatory action since publishing guidelines on the protection of minors in July, the Commission announced that it had sent requests to Snapchat, YouTube, Apple and Google (all of which are, or have platforms designated as, VLOPs) for information on their respective age assurance systems and how they prevent children from accessing illegal products and harmful content:

• Snapchat: How it prevents U13s from accessing its services (as set out in its Terms of Service) and measures to prevent the sale of illegal goods to children (e.g. vapes, drugs).

• YouTube: In addition to details of its age assurance system, information on its recommender system following reports of harmful content being disseminated to children on the platform.

• Apple App Store and Google Play: How they prevent minors from downloading illegal and/or harmful apps, such as apps for gambling or to create non-consensual sexualised material (“nudify apps”), as well as the logic behind app age ratings.

The announcement also revealed that there will be coordination action between the European Board for Digital Services’ Working Group for the protection of minors and national authorities to ensure compliance of smaller online platforms with the DSA. This will include identifying the riskiest platforms for children, checking their DSA compliance and developing and  sharing investigatory and enforcement tools. Further, an advisory panel will be set up to explore methods of ensuring children’s safety on social media.