The end of digital child traps? The EU is tightening its course

The youngest can no longer live without TikTok, Instagram or Asian shopping platforms. The growing activity of children online forces new safety standards.

In Poland, one example of such activities was the publication by the Office of Competition and Consumer Protection (UOKiK) of the educational material “ABC of the Small Consumer”, the aim of which is to build awareness of consumer rights from an early age.

– The Polish authority’s interest in protecting children as people particularly vulnerable to unfair practices is an example of the increased activity of regulatory authorities, which are increasingly monitoring entrepreneurs targeting the youngest consumers – notes Hanna Parkot, a lawyer at the Rödl law firm.

Experts emphasize that a dozen or so years ago, the protection of children against aggressive marketing practices was based mainly on regulations prohibiting direct persuasion of children to purchase products or putting pressure on their parents. However, the development of technology and the popularization of the Internet have created completely new challenges.

Fortnite showed the scale of the problem

One of the most famous examples of the fight against digital practices aimed at children was the decision of the Dutch consumer protection authority against the producer of the game Fortnite. The regulator found that some of the mechanisms used in the game could have exerted purchasing pressure on the youngest users.

– The authority found that the mechanisms used in the in-game store, such as incorrect timers and the availability of products only for a specific time, encourage children to make purchasing decisions under time pressure. The authority directly indicated that these mechanisms affect the phenomenon of “FOMO” (Fear of Missing Out), to which children are susceptible, says attorney Hanna Parkot.

As the lawyer explains, this is one of the first clear signals that consumer protection authorities are starting to analyze not only advertising, but also the structure of games and applications themselves. Mechanisms designed to increase user involvement or encourage additional spending are increasingly coming under the microscope.

Virtual currencies and loot boxes under the microscope

The lawyer points to the key tool to strengthen the protection of children, which is the EU Digital Services Act (DSA). It obliges online platforms to ensure a high level of privacy and security for minor users. The European Commission clarified these requirements in special guidelines published last year.

Particular attention was paid to solutions that may make it difficult for children to make conscious purchasing decisions. This includes: about:

• virtual currencies and tokens used in games,

• paid loot boxes,

• gambling-like mechanisms,

• hiding the real costs of digital purchases.

– The European Commission draws attention to techniques that may limit the transparency of economic transactions and mislead children. In particular, such techniques include the use of certain virtual currencies and other tokens or coins that can be exchanged for real money and used to purchase virtual items – explains Mr. Parkot.

He explains that according to the guidelines, children using free applications or games should not be encouraged to make purchases that seem necessary to continue using the service.

TikTok and artificial intelligence in the crosshairs

Regulators are also increasingly paying attention to the operation of artificial intelligence algorithms and systems. This is especially true of solutions that may influence children’s behavior or encourage them to make specific purchasing decisions.

An example is the current proceedings against TikTok. The European Commission is analyzing, among others: the impact of infinite scrolling of content, automatic video playback and personalized recommendations on the youngest users.

– Currently, proceedings are underway against TikTok, which, as a precedent, concerns the very structure of the application, which, according to the European Commission, is addictive. The elements of this structure are primarily content that can be “infinite scroll”, automatic playback of video content and a highly personalized recommendation model. The authority indicates that the above-mentioned mechanisms may affect children in particular – explains attorney Parkot.

The expert emphasizes that this is only the beginning of changes.

– The actions of the European Commission are a significant step towards protecting children against mechanisms that may negatively affect their decisions and well-being. However, the European Commission does not stop at the Digital Services Act. The Digital Fairness Act proposal is expected to be released at the end of 2026. As announced, this regulation is intended to strengthen the protection of minor consumers, the lawyer points out.

As he emphasizes, thanks to this, the protection of children against manipulation and unfair practices on the Internet may reach a completely new level in the coming years.