Source: European Parliament
The regulation on the establishment of the European Digital Identity (EUDI) Framework[1] mandates Member States to offer digital identity wallets. It provides the possibility for effective age verification (AV) within the EU.
To bridge the gap until the EUDI wallets become available, the Commission is developing a privacy preserving, data minimising, harmonised AV solution.
Under Article 28(1) of the Digital Services Act (DSA)[2], all providers of online platforms accessible to minors must ensure a high level of privacy, safety and security to minors on their services.
Those providers of online platforms accessible to minors, including app stores (i.e. Google Play), must implement appropriate and proportionate measures to fulfil such obligations.
Independently from app stores’ obligations, some app developers distributing their apps on app stores (i.e. TikTok) also fall under the scope of Article 28(1) of the DSA. To comply with that provision, providers of online platforms accessible to minors may have to implement AV, based on their risk profile[3].
Providers of app stores designated as very large online platforms are required, under Articles 34 and 35 of the DSA, to identify, analyse and assess the systemic risks stemming from the design, functioning or use made of their services, considering inter alia any actual of foreseeable negative effect for the respect of the rights of the child enshrined in Article 24 of the Charter of Fundamental Rights of the EU[4], and put in place effective mitigation measures to address such risks.
- [1] Regulation (EU) 2024/1183 of the European Parliament and of the Council of 11 April 2024 amending Regulation (EU) No 910/2014 as regards establishing the European Digital Identity Framework (OJ L, 2024/1183, 30.4.2024).
- [2] Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022).
- [3] The Commission will set out in Guidelines in which scenarios it would expect online platforms to implement age verification or age assurance in order to ensure a high level of privacy, safety and security.
- [4] Charter of Fundamental Rights of the EU (OJ C 326, 26.10.2012).