EU DSA Article 28 - Online protection of minors
Implement appropriate and proportionate measures to ensure a high level of privacy, safety, and security for minors on the platform
Where this comes from
Provision: Article 28 - Online protection of minors
Instrument: EU Digital Services Act (Regulation 2022/2065)
Citation: Regulation (EU) 2022/2065 of the European Parliament and of the Council, Article 28(1)
Text version: Regulation (EU) 2022/2065 (DSA), OJ L 277, 27.10.2022
Who it applies to
It applies when all of these are true:
- Service is an online platform
- Service has users in the European Union
- Service is accessible by minors
…unless:
- Micro and small enterprises may have reduced obligations if they do not qualify as VLOPs. (DSA Article 19 - Micro and small enterprises)
Scope in the source's own terms
- Service has users under 18 years of age
- Service is an online platform type covered by DSA
- Service is offered to users in the European Union
What engineering work it implies
Sample acceptance criteria Landfall generates for this obligation:
- Default profile visibility: private (not public)
- Default data sharing: off (opt-in, not opt-out)
- Default location tracking: off
- Default contact discoverability: off
- User can change any default via settings
Evidence an auditor expects
- Technical controlTechnical audit
Age-appropriate privacy settings implementation with default-on protections for minors
System configuration showing privacy settings default to most restrictive for users under 18
- Policy documentDocument review
Child safety policy documenting protective measures
Written policy covering: content moderation for minors, reporting mechanisms, parental tools, and review cadence
- Assessment documentDocument review
Risk assessment specific to minor users
Documented assessment of risks to minors including content, contact, conduct, and contract risks
Questions people ask
- Does EU DSA Article 28 - Online protection of minors apply to my service?
- It applies when Service is an online platform; Service has users in the European Union; Service is accessible by minors. It does not apply where Micro and small enterprises may have reduced obligations if they do not qualify as VLOPs. (DSA Article 19 - Micro and small enterprises).
- From when does this apply?
- EU DSA Article 28 - Online protection of minors applies from 17 February 2024. Its current status is: in force.
- What evidence does an auditor expect?
- Age-appropriate privacy settings implementation with default-on protections for minors; Child safety policy documenting protective measures; Risk assessment specific to minor users.
Find out whether this one lands on you
Landfall's pre-scan answers the applicability question above for your product in minutes, then turns every obligation that applies into traceable engineering tickets with a citation chain your auditors can follow.
Not legal advice. Landfall maps regulatory obligations to engineering work for planning purposes. Its verdicts are not legal advice and create no attorney-client relationship — verify with qualified counsel before relying on them.