The European Commission has taken an important step toward protecting minors online by releasing draft guidelines under Article 28 of the Digital Services Act (DSA). EFF recently submitted feedback to the Commission’s Targeted Consultation, emphasizing a critical point: Online safety for young people must not come at the expense of privacy, free expression, and equitable access to digital spaces.
We support the Commission’s commitment to proportionality, rights-based protections, and its efforts to include young voices in shaping these guidelines. But we remain deeply concerned by the growing reliance on invasive age assurance and verification technologies—tools that too often lead to surveillance, discrimination, and censorship.
Age verification systems typically depend on government-issued ID or biometric data, posing significant risks to privacy and shutting out millions of people without formal documentation. Age estimation methods fare no better: they’re inaccurate, especially for marginalized groups, and often rely on sensitive behavioral or biometric data. Meanwhile, vague mandates to protect against “unrealistic beauty standards” or “potentially risky content” threaten to overblock legitimate expression, disproportionately harming vulnerable users, including LGBTQ+ youth.
By placing a disproportionate emphasis on age assurance as a necessary tool to safeguard minors, the guidelines do not address the root causes of risks encountered by all users, including minors, and instead merely focus on treating their symptoms.
Safety matters—but so do privacy, access to information, and the fundamental rights of all users. We urge the Commission to avoid endorsing disproportionate, one-size-fits-all technical solutions. Instead, we recommend user-empowering approaches: Strong default privacy settings, transparency in recommender systems, and robust user control over the content they see and share.
The DSA presents an opportunity to protect minors while upholding digital rights. We hope the final guidelines reflect that balance.
Read more about digital identity and the future of age verification in Europe here.
