EU Kids Act
Source

COM(2026) 681/3 · 2026/0286 (COD)

Proposal · Sensitive until adoption

Text from the supplied proposal. Original wording, numbering and placeholders are preserved. Struck-through text retains its deletion marks.

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL EU KIDS ACT - 'EU Keeping Internet Digital Spaces Accountable and Trustworthy'

COM(2026) 681/3 · Proposal

Read Article 2 in the full document

Article 2 Scope

1.

This Regulation applies to providers of the following services or systems accessible to minors:

(a)

online social networking services;

(b)

video-sharing platform services;

(c)

software application stores

(d)

online games;

(e)

operating systems;

(f)

AI companions;

(g)

general conversational chatbots.

2.

For the services referred to in paragraph 1 points (a) to (e), this Regulation applies to providers of services irrespective of where they have their place of establishment where they offer those services to recipients of the service that have their place of establishment or are located in the Union.

3.

For the AI systems referred to in paragraph 1 points (f) and (g), this Regulation applies to providers placing on the market or putting into service such AI systems in the Union, irrespective of where those providers are established or located.

4.

This Regulation does not apply to the providers of any of the following:

(a)

not-for-profit online encyclopaedias;

(b)

not-for-profit educational and scientific repositories;

(c)

services and systems that are designed for primarily educational purposes, and operated by educational establishments or organisations, or on their behalf;

(d)

open-source software-developing and-sharing platforms, unless the platform itself constitutes an AI system in scope of this Regulation or Regulation (EU) 2024/1689;

(e)

services and systems specifically developed and operated for the sole purpose of scientific research and development;

(f)

services and systems designed, developed and operated by public authorities and for exclusive use of those public authorities or on their behalf.

5.

Where justified in view of the potential risks to the privacy, safety and security of minors posed by a service or a system or where a service or a system poses such a risk that is equivalent to, or lesser than, the risks posed by the services or systems already referred to in paragraph 4, the Commission is empowered to adopt delegated acts in accordance with Article 40 to amend paragraph 4 of this Article by adding other types of services or systems to the list of exempted services or systems or removing services or systems from that list.

6.

Providers of online social networking services, video-sharing platform services, and video gaming platforms subject to Article 28(1) of Regulation (EU) 2022/2065 that comply with the obligations laid down in this Regulation shall be deemed to comply with that Article for matters covered by this Regulation, including as regards AI systems that are deployed as a functionality of online platforms in scope of Article 28(1) of Regulation (EU) 2022/2065 in the provision of that service.

7.

This Regulation is without prejudice to the rules laid down by other Union legal acts regulating other aspects of the provision of intermediary services and Union legislation applicable to AI systems in the internal market, including the following:

(a)

Directive 2010/13/EU8;

(b)

Union law on consumer protection and product safety, including, Directives 2005/29/EC, 2011/83/EU, (EU) 2019/770, Council Directive 93/13/EEC, and Regulations (EU) 2019/1020, (EU) 2023/988 and (EU) 2024/1689;

(c)

Union law on the protection of personal data, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC;

(d)

Directive (EU) 2024/1385.9

8 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1, ELI: http://data.europa.eu/eli/dir/2010/13/oj).

9 Directive (EU) 2024/1385 of the European Parliament and of the Council of 14 May 2024 on combating violence against women and domestic violence (OJ L, 24.05.2024, p. 1, ELI: http://data.europa.eu/eli/dir/2024/1385/oj).