Age issues: Commission demands improvements from Snapchat and porn platforms

In two very different cases, the EU Commission, as the supervisory authority for the largest providers under the Digital Services Act (DSA), has announced further procedural steps. Affected are, on the one hand, four large porn platforms, but also Snapchat.

In this case, the EU Commission is taking over an ongoing procedure by the DSA supervisory authority from the Netherlands, where the operator has its EU headquarters. The Dutch Autoriteit Consument en Markt had initiated proceedings against Snap in September 2025 because vapes were also offered to minors via the platform. However, the investigation initiated by the EU Commission goes beyond this individual case; it concerns the overall question of whether Snap employs sufficiently effective protective mechanisms for underage users.

The provider completely prohibits the use by those under 14 years of age via its general terms and conditions. However, the EU Commission doubts that this is effectively enforced. Even for users aged 14 to 17, the mechanisms are likely not sufficient to meet the relevant provisions of the Digital Services Act. The EU Commission still sees significant need for improvement in the protection of minors from malicious adults, in the default settings, and in reporting mechanisms.

Specifically, it now wants to achieve better protection of minors on the platform. However, the EU Commission cannot issue specific requirements on how age estimation mechanisms should be implemented. Snapchat can, in the next step, explain to the EU Commission how the operator assesses the allegations and whether it intends to take further measures. Overall, however, operator Snap, which is facing a formal investigation for the first time, is likely to have comparatively little need for changes. Officials familiar with the procedure, for example, see good chances that Snapchat can become a compliant operator for users not yet of legal age with some changes.

Porn providers should enable privacy-protecting age verification

In contrast, safe use by minors is illusory in the second procedure: The operators of the porn platforms Pornhub, XNXX, XVideos, and Stripchat are only one formal step away from a fine. The main accusation: The practice of users confirming their age of majority with a click banner is not sufficient protection to keep minors away from the platforms' content. “Children are accessing adult content at ever younger ages, and these platforms must take robust, privacy-preserving, and effective measures to keep minors away from their services,” said EU Commission Vice-President Henna Virkkunen, responsible for the DSA.

The EU Commission is currently examining what this triad could look like in reality, in cooperation with various service providers. Among others, the Pornhub operator Aylo is involved in testing the so-called Mini-Wallet, while other providers now facing threat of fines have not yet done so. This “Mini-Wallet” is intended to provide age verification in a privacy-preserving manner towards the platform without identification taking place. It is fundamentally independent of the EUDI Wallet, which must be offered by every member state from next year onwards.

In parallel with the European-level action, national supervisory authorities are also taking action against smaller porn platform providers, according to the Commission. The EU Commission is the supervisory authority for all services with more than 45 million users in the EU; national bodies are responsible for smaller services. Since the Digital Services Act came into force two years ago, the Commission has requested information from numerous companies and, in some cases, initiated investigations. Only against XIUC (X Internet Unlimited Company), the European X operating company, had it actually imposed penalties so far.

Addictive Dark Patterns: Commission follows US development

Furthermore, the EU Commission sees itself fundamentally confirmed by the civil law decision announced yesterday regarding addictive designs. It is closely monitoring developments there, according to high-ranking EU officials. However, the European Union must conduct its own proceedings independently of US proceedings -- and vice versa.

(mki)