EU KIDS ActEU · PROPOSAL
Digiphile

Recitals

Recital 51


Recital 51

Data Protection in Age Assurance Unofficial title


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.

The requirements of this Regulation on age assurance should be without prejudice to the application of Regulation (EU) 2016/679, notably the principles of purpose limitation and data minimisation as provided for in Article 5(1) points (b) and (c), thereof, as well as the requirements of data protection by design and by default. In particular, the requirements in this Regulation should not lead providers of services in scope to maintain, acquire or process more personal data than strictly technically necessary to assess if the recipient of the service is a minor. In addition, providers of services in scope should not further process this information or combine it with additional data for any other purpose. Data protection obligations should be applicable both to providers of services in scope and any third party involved in age assurance, such as providers of age assurance solutions. To ensure the highest level of privacy and data protection, age assurance solutions used should be based on state-of-the-art technology and be zero knowledge proof.