The European Commission has launched a Call for Evidence for guidelines on the protection of minors under the Digital Services Act.

We’ve commented previously on the Digital Services Act (“DSA”) here. It is a landmark piece of legislation that complements the Digital Markets Act and targets online intermediaries and platforms with a view to, in the words of the Commission, creating “a safer digital space where fundamental rights of users are protected and to establish a level playing field for businesses”. Under the DSA, very large online platforms and search engines are subject to wide-ranging rules requiring them, for example, to identify and mitigate risks associated with illegal and harmful content.

The Call for Evidence explains that online platforms should “ensure that the rights and best interests of children are a central consideration when designing their services. Platforms should adopt a risk-based approach, regularly carry out impact assessments, and implement mitigation measures for any potential risks to minors stemming from their services”. Impact assessments should, according to the Commission, be structured around the so-called ‘5C typology of risks’, namely “risks to minors from content, conduct, contact, and consumers as well as cross-cutting risks”.

In order that online platforms comply with the DSA’s requirements to provide a “high level of privacy, safety and security for minors”, to ensure a harmonised implementation of the rules in all EU countries, and to help supervision and enforcement of the new regime, the Commission will draft guidelines. To that end, the Call for Evidence invites submissions on the Commission’s proposed approach to applying the ‘5C typology of risks’ to develop good practices that platforms should adopt, including considering factors such as content moderation systems, commercial practices, and systems for selecting and presenting advertising.

Input to the Call for Evidence will inform the Commission’s drafting of the guidelines on the protection of minors online, which will be opened to public consultation next year.

To read the Call for Evidence, click here.