Germany seeks social media restrictions for children

The measure is to be accompanied by further graduated restrictions that will impact use of social networks by children aged between 13 and 18, with the package of reforms (7-page / 157KB PDF) to be introduced before the proposed new EU KIDS Act – containing similar EU-wide measures, though with a broader scope – takes effect.

Germany is the latest EU country to trail national child online safety legislation, following similar moves in France, Spain and Italy, among others.

Technology law expert Daniel Widmann of Pinsent Masons said social media providers should prepare for tighter age-based access rules in Germany.

“The German government plans to amend the German Youth Protection Act (Jugendschutzgesetz) to generally prohibit children under 13 from using social networks, subject to exceptions for demonstrably child-appropriate services, and to introduce graduated restrictions for users aged 13 to 17,” Widmann said. “Providers should assess how these restrictions could affect access to and use of their services in Germany.”

“The German government is putting providers, rather than parents, at the centre of online child protection. Its new framework for child and youth media protection expressly states that platform providers should bear primary responsibility for providing a safe environment, while parental supervision should play a complementary role depending on the child’s age and maturity. Businesses whose services are used by minors should therefore closely monitor how this principle is translated into German legislation and consider its potential implications for their services,” he added. 

Wesley Horion, also of Pinsent Masons and a specialist in child online safety law, said the prospect of a patchwork of national child online safety measures being introduced ahead of the KIDS Act creates significant challenges for social networking providers.

“The initiative creates a planning challenge for providers: prepare for national restrictions now, without investing in solutions that may need substantial revision once EU rules are agreed,” Horion said. “The proposed age restrictions could affect user acquisition and engagement, while Germany’s push for safety-by-design requirements at EU level could require more profound changes. This therefore creates a tension at a product and investment level. Providers should bring legal, product, engineering and privacy teams in the planning process.”

“Germany could offer a useful testing ground for future EU requirements, depending on the final form of the EU-level initiative, when an agreement is reached. In the meantime, the priority should be to build adaptable controls rather than separate national solutions. The prospect of duplicated implementation work also strengthens the case for stakeholders to support timely EU agreement and limit the period of regulatory fragmentation,” he said.

While no formal proposals have been outlined yet, the federal government’s paper provides some high-level details on its intentions. Included are its plans to introduce ‘d-you’, Germany’s implementation of the European Digital Identity Wallet, as a means of supporting providers with age assurance.

Horion said: “The link to the ‘d-you’ wallet makes age verification more practicable, but does not remove all implementation uncertainty. Providers will need to assess integration costs, and alternatives for users who do not use the voluntary wallet.”