Dr Diana Năsulea & Dr Christian Nasulea // 4 November 2026

Protecting children online has broad public support, but Europe is pursuing it through a patchwork of national rules. By October 2026, 23 of the 27 member states had a live initiative, with proposed minimum ages ranging from 13 to 16, and none had a limit in force. France’s ban was struck down by its Constitutional Council, and Spain’s bill lapsed when its parliament was dissolved.

On 17 September 2026 the European Commission proposed the EU Kids Act, which would replace the patchwork with a single access age of 15. In this briefing, Diana Năsulea and Christian Năsulea welcome harmonisation but argue that several of the proposal’s mechanisms are poorly matched to the risks it targets. Australia’s experience suggests bans are easy to evade and push children towards services outside the law’s reach, while age verification depends on identity documents and imposes fixed costs that fall hardest on small firms, entrenching the platforms the rules aim to rein in.

The briefing recommends one harmonised age aligned with EU data protection rules, verifying age once and privately, targeting risky functions rather than common features, leaving time limits to parents, and giving small firms a proportionate regime and a realistic transition.

The main findings of the briefing include:

• Europe is regulating minors online through a patchwork. By October 2026, 23 member states had live initiatives with ages from 13 to 16, and none had a limit in force.
• The Commission’s proposed EU Kids Act would set a single access age of 15. Harmonisation is welcome, but several of its mechanisms are poorly matched to the risks.
• Blunt bans are hard to defend in court and easy to evade. Ten months into Australia’s under-16 ban, more than half of 12- to 15-year-olds surveyed still had a restricted account.
• Age verification starts from an identity document, bank card or face scan, and 11 of the 23 national initiatives do not say how age will be checked.
• The fixed cost of verification falls hardest on small firms, which risks entrenching the large platforms the rules target.