National Age Limits Challenge  the EU Kids Act

The EU’s proposed Kids Act is intended to create a single framework for minors’ access to social media across the Union. The proposal would prohibit most social media access for children under 13 and impose strict limits for users under 15. Its stated objective is maximum harmonization, meaning that conflicting national rules would ultimately need to be withdrawn once EU measures apply.

Several Member States are nevertheless proceeding with domestic legislation. Greece has adopted a restriction on social media access for users under 15, while Austria is considering a threshold for users under 14. Portugal has notified its national proposal to the European Commission, and Cyprus, Italy, Germany, and Denmark are also pursuing or considering national measures. National governments cite the urgency of child protection and mental-health concerns as reasons not to wait for the EU legislative process.

This approach creates immediate legal and practical uncertainty. Young users could face different age thresholds depending on their Member State, while platforms may have to build temporary country-specific compliance systems. The situation may become more confusing if national bans take effect before the EU measure and are later replaced by the final Kids Act rules.

The Commission’s forthcoming assessment of Austria’s notified proposal will be an important early indication of its approach to national measures. The central legal question is whether Member States can maintain interim restrictions alongside EU platform rules, particularly the Digital Services Act, while the Kids Act is negotiated. With negotiations expected to take months and application potentially delayed until 2028, national initiatives may continue to test the limits of EU harmonization in digital regulation.