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EU DSA · EU-DSA-ART28-MINOR-PROTECTION

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

CRITICALRequirementDesign defaultsBinding regulationIn forceApplies from 17 February 2024

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

Read the official text ↗

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.

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