On 14 July, the EU Commission made clear that EU Member States have the right to set their own age limits for access to social media services and that online platforms are obliged to comply with such age limits. This is, for example, vital for enterprises using social media as their marketing channels.
At first glance, it may seem as if social media providers themselves determine the age limits for access to their platforms. When signing up for social media accounts, you are typically asked for your date of birth only and, to gain access, many young people state a higher age without further proof. This has long been a grey area, and the division of responsibility for age limit compliance has been unclear. However, changes are now made at EU level that will affect platforms, enterprises as well as social media users.
Clarification of the rules by the EU Commission
On 14 July, the EU Commission published new guidelines on the protection of minors under the Digital Services Act (DSA). The said guidelines clarify two key points:
- National competence of Member States: The EU Member States have the right to set their own age limits for access to social media services.
- Obligations of social media platforms: Online platforms are obliged to comply with national age limits, see Article 28(1) of the DSA.
This clarification is particularly important due to previous uncertainty – including in Denmark – as to whether Member States were entitled to set such limits. This announcement by the EU Commission removes the said uncertainty and paves the way for more uniform enforcement.
Technological solutions on the way
The EU is currently working to establish a common digital solution for age verification. Denmark is cited by the Commission as one of the Member States leading the way in developing and implementing technical tools for such purpose. This points to a future where it will be much more difficult for young people to circumvent age requirements, and where the social media platforms will to a greater extent be held accountable.
Significance for enterprises
Enterprises offering social media platforms and those using such platforms as marketing channels should already consider the future requirements as to age limits and documentation of compliance.
Firstly, it will have implications for compliance and liability, including risks of violations and sanctions. Secondly, it will affect strategic communication and targeting, particularly in relation to young target audiences.
We recommend that enterprises map their use of social media, including age-related data, assess the need for age verification if they target or potentially attract minors and ensure updated policies and procedures in light of upcoming EU and national requirements.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
