EC Seeks Comment on Draft Guidelines for Protecting Minors Online
The European Commission Tuesday launched a consultation on draft guidelines for protecting minors online under the Digital Services Act. The move offers privacy attorneys a golden opportunity to influence next-generation child protection, one lawyer said.
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The draft guidelines cover measures such as age verification; improving how content is recommended to users to cut the risk of children being exposed to harmful content; setting youngsters' accounts to private by default; best practices for child-safe content moderation; and child-friendly reporting channels and user support, the EC said. There's also guidance on platforms' internal governance.
Measures in the guidelines will apply to platforms of all sizes, except micro and small enterprises, that are accessible to minors, including very large online platforms with more than 45 million monthly users in the EU, the EC said.
Comments are due June 10. The EC said it plans to approve the guidelines before summer.
"This is an important moment" for children's privacy in the EU and a "great time to reflect on territorial differences" with the Children's Online Privacy Protection Act (COPPA), posted Fred Bingham, Skydance Media vice president, technology and privacy counsel.
The DSA requires that any online service accessible to minors (younger than 18) adopt a child-centered, risk-based approach to every stage of design and operation, using the same risk-based approach as the DSA, Bingham noted. Core principles of the approach include privacy, safety and security by design and age-appropriate design, he said. Platforms must systematically assess, mitigate and monitor content, conduct, contact, consumer and cross-cutting, including AI-driven harms and mental health risks.
The DSA also bars targeted advertising to known minors and requires clear labeling of any commercial content, Bingham wrote. Platforms must enable child-friendly reporting and guardian controls as well. Platforms that operate in the EU and U.S. may need to navigate dual compliance, said the privacy counsel.
The consultation offers a "unique opportunity" for input from privacy lawyers, Bingham said. "As EU regulators update their Guidelines to address emerging technologies (AI, immersive environments, algorithmic manipulation), and as U.S. policymakers evaluate potential COPPA reforms, we're at a crossroads for next-generation child online protection."