Article 25 Amendments to listed measures
The Commission may adopt delegated acts in accordance with Article 40 for the purpose of amending Articles 9(2), 10(2), 11(1), 12(1), 12(2), 14(1), 15(1) and 18(2), for providers of online social networking services, of video-sharing platform services, of online games, of AI companions, and of general conversational chatbots, to ensure a high-level of privacy, safety and security of minors on their service or system. Those delegated acts shall be based on identified emerging risks which undermine the health and well-being, as well as the privacy, safety and security of minors leading to the need to keep the following obligations up to date in order to ensure effective compliance with these obligations:
prohibitions on practices intended, or which can reasonably be foreseen, to encourage compulsive or excessive use of the service by minors, as referred to in Article 9(2);
measures ensuring that recommender systems are designed in way that ensures a high level of privacy, safety and security of minors, as referred to in Article 10(2);
default settings ensuring that minors’ accounts are set to a high level of privacy, safety and security, as referred to in Article 11(1);
measures ensuring a high level of privacy, safety and security of minors as regards contacts between minors and other recipients of the service, as referred to in Article 12(1) and measures limiting the visibility of any information shared by minors and their interactions with other recipients of the service, as referred to in Article 12(2)
measures ensuring a high level of protection of health, safety, fundamental rights and well-being of minors that may access AI companions and general conversational chatbot systems, as referred to in Article 14(1);
measures ensuring a high level of privacy, safety and security of minors on online games as referred to in Article 15(1);
measures ensuring agency for minors as referred to in Article 18(2).
When considering the adoption of a delegated act, the Commission shall take into account:
the extent to which the risk has already caused harm to minors’ health, well-being or had adverse impact on minors’ privacy, safety and security, or fundamental rights or has given rise to significant concerns in relation to the likelihood of such harm or adverse impact, as demonstrated, for example, by reports or documented allegations submitted to national competent authorities or by other reports, as appropriate;
the potential extent of such harm or such adverse impact, in particular in terms of its intensity and its ability to affect multiple persons or to disproportionately affect a particular group or persons;