EU Kids Act Impact Assessment Criticized Over Age Checks and Rights Risks
On October 29, 2026, netzpolitik.org reported that the European Commission’s proposed EU Kids Act would require broad age controls for online services including social media, video platforms, chatbots, apps and games. The publication’s analysis of the Commission’s 83-page impact assessment found that it downplays risks to fundamental rights, omits relevant criticism and does not adequately compare milder alternatives.
The planned controls could apply to adults as well as children. The assessment describes checks based on identity documents and age estimation, including facial biometric scans. In practice, adults using services covered by the proposal could be treated as minors until they demonstrate that they are adults, creating a system in which access to online services may depend on sensitive identity or biometric data.
Netzpolitik.org argues that the Commission did not properly assess device-based parental-control software as an alternative to universal age checks. Such tools could enforce age limits on children’s devices without requiring unrelated adults to undergo checks. The source also notes limits to that approach, including the effort required from parents and the risk of normalising parental surveillance.
The assessment’s treatment of expert advice is another point of criticism. According to the analysis, the Commission presents the work of its own expert panel as reflecting broad expertise, although the report was written by two co-authors and did not seek consensus among the consulted specialists. The assessment also allegedly presents German expert advice selectively: the relevant panel considered either a minimum age of 13 for social-media accounts or no uniform age threshold, depending on the service and its risks.
The rights concerns include exclusion and discrimination. People without documents compatible with a verification app might have to obtain proof of age in person at a municipal office. Facial age estimation can also be inaccurate by several years and may produce discriminatory results for people with visible disabilities or injuries. The proposed remedies include complaint mechanisms, but the assessment does not explain how they would resolve incorrect age classifications.
The impact assessment acknowledges a risk of overblocking, including the possibility that services designed for minors could still face age restrictions. Netzpolitik.org says the assessment does not quantify the potential scale of that problem. A separate external study on the impact of age determination on the fundamental rights of children and adults had been commissioned, but its results were not yet available and were expected at the end of the year.