What EU Digital Services Act Article 28 - Online Protection of Minors (Regulation 2022/2065, Profiling-Based Advertising Ban, Appropriate Measures, No Additional Personal Data) requires
Article 28 of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services (the Digital Services Act, DSA) imposes three operative obligations on providers of online platforms accessible to minors: (1) under Article 28(1), providers must put in place appropriate and proportionate measures to ensure a high level of privacy, safety, and security of minors on their service; (2) under Article 28(2), providers must not present advertisements on their interface based on profiling as defined in Article 4(4) of Regulation (EU) 2016/679 (GDPR) using personal data of the recipient of the service when they are aware with reasonable certainty that the recipient of the service is a minor; (3) under Article 28(3), compliance with these obligations shall not oblige providers of online platforms to process additional personal data in order to assess whether the recipient of the service is a minor. Article 28 applies to all online platforms accessible to minors regardless of size, not only to Very Large Online Platforms (VLOPs) under Article 33. The European Commission may issue guidelines under Article 28 to assist providers in applying the appropriate measures obligation; Commission guidelines on the protection of minors under Article 28 were adopted in 2025. Enforcement is by the Digital Services Coordinator of the establishment Member State under Article 49 and by the Commission for VLOPs under Article 56(2). Penalties under Article 52 may reach up to 6% of the provider's annual worldwide turnover for the preceding financial year. The Article 28 obligation is additional to (and may overlap with) GDPR Article 8 (consent of a child in relation to information society services), the Audiovisual Media Services Directive (Directive 2010/13/EU as amended by Directive 2018/1808) provisions on protection of minors from harmful content, and national-law transpositions of those directives.
Pillar: Adult Industry & Sexual Content Compliance · Authority: European Parliament and Council of the European Union · Version: 1.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32022R2065
SHA-256 integrity: 73aa0596ace148ee886ad541089ab4bad124ca78f6b3684086b751569eadb9f9
Primary Citations — 7 traced to source
- Regulation (EU) 2022/2065 Article 28(1): 'Providers of online platforms accessible to minors shall put in place appropriate and proportionate measures to ensure a high level of privacy, safety, and security of minors, on their service.'
- Regulation (EU) 2022/2065 Article 28(2): 'Providers of online platform shall not present advertisements on their interface based on profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679 using personal data of the recipient of the service when they are aware with reasonable certainty that the recipient of the service is a minor.'
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