Austria has notified the European Commission regarding a bill that would introduce a minimum age of 14 for the use of social networks. The European executive has a maximum of three months to analyze whether the measure complies with the Digital Services Act and the competencies established at the EU level.
The European Commission has begun analyzing an Austrian bill that would limit access for children under 14 to social networks. Austria has officially notified the text, and the Commission has a maximum of three months to verify whether the proposed measures are compatible with the Digital Services Act and the European platform oversight system.
The analysis does not establish in advance that the project violates EU legislation. At the end of the examination period, the Commission may formulate observations or a detailed opinion and may request modifications if it identifies an overlap with rules already harmonized at the European level.
In short
1. Austria has submitted to the Commission a bill that would introduce a minimum age of 14 for the use of social networks.
2. The Commission has a maximum of three months to examine the text and its relationship with the Digital Services Act.
3. The analysis will check whether Austria introduces national obligations that overlap with the applicable European rules for platforms.
4. The notification does not mean that the project has been approved by the Commission nor that it has been deemed incompatible with EU law.
5. The Commission is separately preparing a European approach regarding the protection of children on social platforms, but has not announced the legal form or exact date of the initiative.
The Commission has confirmed receipt of the notification and stated that it will evaluate the project in relation to the Digital Services Act. The European regulation establishes obligations for platforms, including measures to protect minors, assess systemic risks, and rules regarding advertising and designing services accessible to children.
One element of the analysis will be to delineate the competencies between Austrian authorities and the European DSA enforcement system. The largest platforms are directly supervised by the Commission for their additional obligations, while national authorities have responsibilities within the limits set by the regulation.
The Commission seeks to avoid the emergence of national systems that impose obligations on platforms that are incompatible with the harmonized rules at the European level. This does not automatically exclude national measures for the protection of children, but they must respect the areas in which member states retain the competence to legislate.
The maximum analysis period is three months. The Commission may send Austria observations or a detailed opinion if it considers that the project may affect the internal market or the application of European legislation.
Austria may be asked to respond to the observations and adapt the text before its adoption. The existence of the procedure does not indicate, however, the outcome of the analysis and does not mean that the 14-year limit has already been deemed non-compliant.
The Commission has not yet presented an assessment of the appropriateness of the age threshold chosen by Austria. The institution has stated that it will examine the project and will not anticipate conclusions before the analysis is completed.
The Austrian initiative comes at a time of broader debate regarding age verification and children's access to social platforms. Several European states are analyzing different forms of limiting or conditioning minors' access.
The Commission is working separately on a common approach at the Union level. The institution has stated that it intends to present an initiative after the summer, without specifying whether this will be a legislative proposal, a recommendation, or another instrument.
The Commission has not confirmed the exact date on which it will present the initiative. The announcement should not be presented as confirmation of a European ban for children under a certain age, as the content and form of the measure have not yet been publicly established.
Until a common approach is established, national projects must be evaluated in relation to existing legislation. The Commission states that protecting children is the central objective, but it also seeks to avoid fragmenting the rules applicable to platforms in the single market.
The Digital Services Act requires platforms accessible to minors to implement appropriate and proportionate measures to protect their privacy, safety, and security. The regulation does not establish a single minimum age for the use of all social networks in the European Union.
The novelty of this development is the official notification of the Austrian project and the opening of a maximum three-month analysis period. The Commission has not yet reached a conclusion regarding the compatibility of the project with EU law.
The Digital Services Act requires platforms accessible to minors to implement appropriate and proportionate measures to protect their privacy, safety, and security. The regulation does not establish a single minimum age for the use of all social networks in the European Union.
The novelty of this development is the official notification of the Austrian project and the opening of a maximum three-month analysis period. The Commission has not yet reached a conclusion regarding the compatibility of the project with EU law.
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