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 34 in the full document

Article 34 Competences, Supervision and Enforcement

1.

For the purposes of the supervision and enforcement of obligations imposed by this Regulation on providers of online social networking services, of video-sharing platform services, of online games that are video gaming platforms, and of software application stores, Chapter IV of Regulation (EU) 2022/2065 shall apply and any references therein to the provider of intermediary services shall be construed to include the provider of services covered by this Regulation. Any references therein to compliance or non-compliance with the relevant provisions of Regulation (EU) 2022/2065 shall be deemed to include this Regulation.

6.

For the purposes of the supervision and enforcement of obligations imposed by this Regulation on providers of AI companions and of general conversational chatbots, Chapter IX of Regulation (EU) 2024/1689 shall apply, and any references therein to compliance or non-compliance with the relevant provisions of Regulation (EU) 2024/1689 shall be construed to include Chapters II, III and IV of this Regulation. Non-compliance with those obligations shall be subject to administrative fines under Article 99 of Regulation (EU) 2024/1689 not exceeding 6 % of the total worldwide annual turnover of the undertaking providing the AI companion or the general conversational chatbot in the preceding financial year where that provider has been found to have acted intentionally or negligently.

7.

Member States shall ensure that authorities designated by them in accordance with Article 49 of Regulation (EU) 2022/2065 and Articles 70 and 74 of Regulation (EU) 2024/1689 are competent to supervise and enforce this Regulation in respect of providers of services or systems covered by this Regulation.

8.

To the extent that powers are conferred on the Commission under Section 4 of Chapter IV of Regulation (EU) 2022/2065 and under Article 75a to 75d and Article 99 of Regulation (EU) 2024/1689, those powers shall also cover the supervision, investigation, enforcement and monitoring of compliance with this Regulation.

9.

Member States shall ensure that a competent authority is responsible for the supervision of providers of online games that are video games and for the enforcement of Article 15 and applicable provisions in Articles 8 and 18 to 22. Such competent authority shall have the powers set out in Article 51 of Regulation (EU) 2022/2065. For the purpose of this paragraph, Member States shall lay down rules on penalties applicable to infringements of Article 15 and applicable provisions in Articles 8 and 18 to 22 as set out in Article 52 of Regulation (EU) 2022/2065. The competent authority of the Member State in which the main establishment of the provider of online games that are video games is located shall have exclusive powers to supervise and enforce this Regulation.

10.

The supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 shall be competent to monitor the processing of personal data necessary to comply with this Regulation, and in particular Articles 27, 28 and 29 of this Regulation. For infringements of the data protection obligations laid down in those Articles, the data protection supervisory authorities may within their competence impose fines in line with Article 83 of Regulation (EU) 2016/679 and up to the amount referred to in Article 83(5) of that Regulation.

11.

Member State authorities shall not take decisions which run counter to a decision adopted by the Commission under this Regulation. The Commission and the Member States, including Digital Services Coordinators, market surveillance authorities and national authorities responsible for the enforcement of consumer protection laws, shall work in close cooperation and coordination.