Yet, the law still indiscriminately covers social media and video-sharing, with virtually all mainstream services being covered by the proposal. The broad scope also sits uneasy with the use of age thresholds, which remain a blunt proxy for maturity. What is more, by focusing heavily on safety and harms, the EU Kids Act pays little attention to the privacy and freedom of expression rights of users, as well as the right of children themselves to access information and to participate online.
However they’re designed, age gates undermine civil liberties, reduce safety, and create barriers to internet entry, often
at the expense of marginalized groups. They also create a powerful infrastructure for control and further entrench the power of big tech.
The proposal exempts not-for-profit encyclopedias, scientific repositories and educational services, as well as open-source software-developing and-sharing platforms. However, no exceptions are foreseen for small and medium-sized enterprises, which will only foster the dominance of resource-laden tech companies that were already investing in similar measures. And we know that most companies are well-advised to play it safe and use privacy-unfriendly age checks across their platforms.