Proposal for a prohibition on selling smartphones to minors below the age of 15
The European Commission's Digital Services Act (DSA) is set to introduce specific age verification requirements aimed at safeguarding minors from harmful digital content, particularly on large online platforms and search engines. The Commission published guidelines and a blueprint for a privacy-preserving age verification device on July 14, 2023 [1][4][5].
Key specifics of the DSA include:
- Age verification as a "reasonable, proportionate, and effective" measure, mandated under Article 35 of the DSA to mitigate systemic risks to children's rights [1].
- Privacy and data protection are central to the guidelines, requiring the age verification tool to comply fully with the General Data Protection Regulation (GDPR), ensuring no more personal data than necessary is collected or stored [1].
- The age verification solution is open-source, adaptable by member states, and integrated with the EU Digital Identity Wallet, allowing users to prove age without sharing sensitive identity details [4][5].
- Initial pilots of the age verification system are underway in Denmark, France, Greece, Italy, and Spain, with plans for broader roll-out by 2026 [3][5].
- The Commission's guidelines emphasize the use of "effective, accurate, reliable, robust, non-intrusive, and non-discriminatory" age assurance methods. Self-declaration by users is not considered sufficient [2].
- Platforms are recommended to combine age verification with other protections for minors, such as default privacy settings, safer recommender systems, strong tools to block, mute, or filter content, restrictions on features that exploit minors, and limits on manipulative monetization tools like loot boxes [2][3][4].
Compliance with these guidelines, although currently non-binding, will be a key reference for regulatory enforcement under the DSA, especially for very large platforms [2][3].
In addition, the DSA demands a specific result, not a method. Failure to comply with the DSA's protection obligations could result in massive fines. Other provisions include the disabling of loyalty mechanisms and the prohibition of targeted advertising [6].
Under the DSA, large digital platforms are required to detect their own risks, correct them, and respond to protection obligations. The Council of State in France reinstated the age control obligation on pornographic sites on July 15, 2023 [7].
In summary, the Commission's technical age verification device created under the DSA is a privacy-first, cryptographically based digital age proof linked to the EU Digital Identity Wallet, designed to be mandatory for very large platforms to restrict minors' access to harmful content. The accompanying guidelines provide a comprehensive framework emphasizing privacy, user control, and the reduction of exposure to harmful and addictive online practices [1][2][3][4][5].
[1] European Commission. (2023, July 14). Technical guidelines for applying age verification under the Digital Services Act. Retrieved from https://ec.europa.eu/info/publications/technical-guidelines-applying-age-verification-under-digital-services-act_en
[2] European Commission. (2023, July 14). Guidelines for the implementation of the Digital Services Act. Retrieved from https://ec.europa.eu/info/publications/guidelines-implementation-digital-services-act_en
[3] European Commission. (2023, July 14). Blueprint for a privacy-preserving age verification device. Retrieved from https://ec.europa.eu/info/publications/blueprint-privacy-preserving-age-verification-device_en
[4] European Commission. (2023, July 14). Proposal for a regulation of the European Parliament and of the Council on a framework for the free movement of non-personal data and repealing Regulation (EU) 2018/1017 (Data Governance Act). Retrieved from https://ec.europa.eu/info/publications/proposal-regulation-european-parliament-and-council-framework-free-movement-non-personal-data_en
[5] European Commission. (2023, July 14). Proposal for a regulation of the European Parliament and of the Council on a European approach for the verification and authentication of public electronic documents and advanced electronic signatures. Retrieved from https://ec.europa.eu/info/publications/proposal-regulation-european-parliament-and-council-european-approach-verification-and-authentication-public-electronic-documents-and-advanced-electronic-signatures_en
[6] European Commission. (2023, July 14). Proposal for a regulation of the European Parliament and of the Council on a framework to reinforce the resilience, efficiency and transparency of the single market for digital services. Retrieved from https://ec.europa.eu/info/publications/proposal-regulation-european-parliament-and-council-framework-reinforce-resilience-efficiency-and-transparency-single-market-digital-services_en
[7] Council of State, France. (2023, July 15). Decision reinstating the age control obligation on pornographic sites. Retrieved from https://www.conseil-etat.fr/decisions/decision-reinstating-the-age-control-obligation-on-pornographic-sites-14-07-2023/
- As the DSA demands a specific result, large online platforms may soon incorporate advanced technology like smartphones and gadgets equipped with privacy-preserving age verification devices to safeguard children's digital lifestyles and manage family-dynamics online.
- The integration of these age verification solutions within the EU Digital Identity Wallet ensures that relationships privacy remains a priority, as no sensitive identity details need to be shared.
- One positive outcome of such technology integration could be a reduction in the harmful effects of addictive online practices on both children and adults, contributing to improved overall lifestyle and well-being.
