The governments of the Netherlands and Spain are urging the European Commission to introduce a harmonised, EU-wide minimum age for social media access, and to extend the measure to video games and AI chatbots. Their call comes as Brussels prepares to unveil its own proposal, expected during Commission President Ursula von der Leyen's State of the Union address next week.
In a non-paper circulated on Friday, The Hague and Madrid argue that a patchwork of national laws would undermine the effectiveness of any age restriction. They stress that the measure must be proportionate, respect fundamental rights such as freedom of expression and data protection, and be backed by a thorough impact assessment.
A growing trend across the bloc
Several EU member states, including France, Greece, Austria, Denmark, Belgium, Italy, Germany, Poland, and Ireland, are either considering or already advancing national legislation to restrict minors' access to social media. This fragmented approach has prompted von der Leyen to call for a coordinated EU framework.
The Dutch-Spanish paper insists that the upcoming proposal should not focus solely on social media platforms. It advocates a risk-based approach that covers all digital services, including video games and AI companions, which can also expose minors to harmful design and addictive algorithms.
“There should be a possibility for online providers to obtain an exemption from the age requirement if they can demonstrate that their service is sufficiently safe,” the paper reads.
Learning from France's setback
The push for an EU-wide rule comes after France's Constitutional Council struck down a national law banning under-15s from social media in August. The court ruled that the measure was too broad and insufficiently proportionate, infringing on constitutional rights. The Dutch and Spanish governments are keen to avoid a similar legal challenge at the EU level.
To ensure the ban is enforceable, the two countries propose an age verification app built on the EU's existing framework. The app's function would be strictly limited to confirming that a user is above a given age, minimising privacy risks.
The paper also warns against relying on parental consent as a mitigating measure, arguing that it would be difficult to implement and would introduce additional privacy concerns.
Enforcement through the Digital Services Act
The Netherlands and Spain see the Digital Services Act (DSA) as the model for enforcement. Under the DSA, the European Commission already acts as the regulator for major online platforms such as Google, Instagram, and TikTok. Extending this regulatory role to age verification would ensure consistent application across the single market.
“The introduction of a minimum age for social media is a measure that must necessarily be added to existing and upcoming legal frameworks,” the paper states.
The Commission's proposal is expected to be a key element of von der Leyen's agenda, reflecting growing public concern about the impact of social media on young people's mental health and well-being. Recent research suggests that simple interventions can reduce usage, but the Dutch-Spanish initiative aims for a more structural solution.
If adopted, the EU would become the first major jurisdiction to set a continent-wide minimum age for social media, potentially influencing global standards. However, the proposal will need to navigate the complex balance between protecting minors and upholding fundamental rights, a challenge that has already proven difficult at the national level.
