Protecting Children In The Digital Space

February 2026 – The protection of children in the digital environment has become one of the most important regulatory topics worldwide. While this area is currently addressed primarily through broad regulatory frameworks (e.g., the GDPR and DSA), combined with parental oversight and voluntary platform policies, governments are now reassessing how digital services, platforms, and technologies affect minors. Importantly, the digital protection of minors is no longer confined to social networks. It now extends to gaming platforms, online monetisation models, algorithmic design, and AI-driven services, reflecting the reality of how children interact with today's digital ecosystem.

Global regulatory developments

We see a growth in regulation worldwide. A precedent was set in Australia with the adoption of a ban on social media access for children under 16. The Australian model does not penalise children or parents directly; instead, it places the responsibility on platforms to prevent under-age account creation and use. The United Kingdom has also taken a robust approach. Rather than imposing a general age ban, UK regulation focuses on effective age-verification and age-assurance mechanisms, particularly for accessing harmful or age-restricted content.

The EU's risk-based approach to protecting minors

At the EU level, the protection of minors in the digital environment is clearly recognised as a top regulatory priority, but the approach remains risk-based rather than prohibition-based. The key binding regulation currently in force is the European Union Digital Services Act (“DSA”), which requires online platforms accessible to minors to adopt appropriate and proportionate measures to ensure a high level of privacy, safety, and security for children. The DSA does not mandate a single age-verification model or introduce an EU-wide minimum age for social media access. Instead, it emphasises systemic risk mitigation, platform design, and accountability. This framework is complemented by non-binding Commission guidelines on the protection of minors, which set out expectations regarding age-appropriate design, default settings, profiling limitations, and the use of privacy-preserving age-assurance tools. While these guidelines are not binding, they are increasingly treated as a benchmark for regulatory enforcement.

Slovakia's proposal for a comprehensive child online protection act

Individual Member States are now entering the regulatory arena as well. Slovakia has expressed its ambition to become the first EU Member State with a national law dedicated exclusively to the protection of minors in the digital environment. The Ministry of Investment, Regional Development, and Informatization (MIRRI) is finalising a draft Act on the Protection of Minors in the Digital Space. According to the preparatory materials, the main objective is to create a systematic and coherent legal framework, rather than relying on fragmented rules scattered across multiple legal acts.

Although the specific wording is not yet available, publicly available information indicates an ambitious and comprehensive framework. The draft law is intended to define the rights of minors in the digital space, including the recognition of the digital right to be forgotten, and seeks to establish clear obligations for parents in relation to their children's activities in the digital environment. The proposed legislation also aims to regulate the duties, responsibilities, and liability of platforms, digital service providers, and device manufacturers operating within the digital ecosystem. It further seeks to introduce a prohibition on access for minors under 16 to social media platforms and to certain AI services, subject to exceptions for safe or controlled environments. In addition, it addresses the regulation of child content creators on digital platforms and introduces measures to protect their income and economic interests.

Finally, the proposed legislation introduces a ban on so-called “loot boxes” for minors, which would have a direct impact on gaming platforms and in-game monetisation models. It also aims to establish effective procedural mechanisms for enforcement and to define sanctions for breaches of the obligations set out in the law.

Implications for the EU single market

While Slovakia may be a relatively small market, the initiative to adopt a comprehensive framework for the online protection of minors could serve as a regulatory test case within the EU. A national framework, even in a smaller Member State, can therefore have disproportionate practical relevance. If Member States were to enact divergent rules for services available across the EU's single market, this could lead to increased compliance costs, but also differing levels of protection across the EU.

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