EU KIDS ActEU · PROPOSAL
Digiphile

Articles

Article 38Incidents reaction mechanisms

Proposal (not yet law)

This is the text proposed by the European Commission on 17 September 2026 (COM(2026) 681 final, procedure 2026/0286(COD)). It has not been adopted and has no legal effect. The European Parliament and the Council may amend it, so the final wording and numbering may differ. Follow the procedure on EUR-Lex.

1. The Commission, in cooperation with the competent authorities pursuant to Article 33, shall coordinate the assessment of incidents affecting the protection of minors across the Union in relation to services and systems in scope, and be able to rely on the expertise and resources of such authorities. Member States shall cooperate with the Commission in setting up efficient knowledge sharing networks with other authorities and relevant third parties.
2. The Commission shall establish a voluntary administrative arrangement with competent authorities setting out procedures to facilitate a rapid response in the event of an incident affecting the protection of minors in the Union or in significant parts of it. Member States shall establish minimum preparedness levels for national authorities to ensure regular communications channels between relevant national authorities and third parties, and map existing incident reaction protocols at national level and where relevant establish new ones. The incident reaction mechanism shall complement the existing crisis tools under Regulation (EU) 2022/2065 and inform their potential activation.