EU KIDS Act / Articles / Article 36 — Supervisory fee CHAPTER VII – COMPETENCES, SUPERVISION AND ENFORCEMENT
Article 36 Supervisory fee 1. The Commission shall charge an annual supervisory fee on providers of very large online platforms designated in accordance with Article 33 of Regulation (EU) 2022/2065 which constitute, are embedded in or embed online social networking services , video-sharing platform services , or software application stores , and on providers of AI companions, general conversational chatbots, and video gaming platforms for which it enjoys the competence to supervise their compliance with Chapters II to V of this Regulation in accordance with Article 33 of this Regulation.
2. Each provider referred to in paragraph 1 shall be charged the annual supervisory fee for each service or system falling within the scope of this Regulation.
3. The overall amount of the annual supervisory fees pursuant to paragraph 1 shall cover the costs incurred by the Commission in the preceding calendar year in relation to its supervisory tasks under this Regulation vis-à-vis the providers referred to in paragraph 1, in particular costs related to human resources, including officials, the set-up, maintenance and operation of the EU Age Verification Scheme pursuant to Article 29, the exercise of supervisory and enforcement tasks pursuant to Article 34, and the development of expertise and capabilities pursuant to Article 37.
4. For the purpose of establishing the annual supervisory fee for the tasks pursuant to paragraph 3, the annual supervisory fee for each of the providers referred to in paragraph 1 shall not exceed 0,03 % of its worldwide annual net income in the preceding financial year.
5. For the purpose of the application of this Article, the Commission shall apply rules and principles laid down in Article 43 of Regulation (EU) 2022/2065.
6. The Commission shall adopt delegated acts, in accordance with Article X, laying down the detailed methodology and procedures for:
(a) the determination of the estimated costs referred to in paragraph 3;
(b) the determination of the individual annual supervisory fees referred to in paragraph 1;
(c) the determination of the maximum overall limit defined in paragraph 4; and
(d) the detailed arrangements necessary to make payments.
When adopting those delegated acts, the Commission shall respect the principles set out in paragraph 5 of this Article.
Refers to (4) Referenced by (1) Source-reference notes (3) References are retained as printed.
Article 36(1) → Article 33 — The reference concerning supervision points to national supporting measures; Article 34 addresses supervision and enforcement. The printed reference is retained.Article X in Article 36(6) — Unresolved placeholder in the proposal. There is no Article X target.Article 36(3) → Article 29 — The EU Age Verification Scheme reference points to age-assurance solutions; Article 30 sets out Commission powers for the scheme. The printed reference is retained. Commission context
Commission memorandum Supervision and enforcement This passage covers Articles 34–38, not only this provision.
Quotation · Explanatory memorandum — COM(2026) 681 final
Chapter VII contains the provisions concerning the competences, supervision and enforcement of the provisions in this proposal that rely on the existing enforcement structures and frameworks under the Regulation (EU) 2022/2065 and Regulation (EU) 2024/1689 to avoid duplications and ensure consistency with the existing rules for intermediary services and AI systems (Article 34). Where the Commission initiates proceedings for services and systems within its exclusive competence, the Commission shall endeavour to adopt a final decision within 90 days and communicate the preliminary findings to the provider concerned within 30 days from the opening of proceedings (Article 35). Finally, it contains a provision on the financing of supervisory and enforcement activities by the Commission under this Regulation (Article 36) and provisions on the development of expertise and incident reaction mechanisms (Articles 37 and 38).
Source wording and references are reproduced as published; the memorandum does not replace the operative text.
Section 5 · Detailed explanation of the specific provisions
Read official Commission context ↗ Commission analysis of impacts Enforcement framework Editorially associated policy context. This passage covers a group of measures, not a transcription or interpretation of this article alone.
Quotation · SWD(2026) 681 final — Analysis of impacts
To ensure efficient enforcement in line with Recommendation 5, no new enforcement structure is created to avoid conflicting and inconsistent enforcement. Rather, the enforcement of the proposed Regulation will benefit from the existing DSA and AI Act enforcement structures and procedures. The Commission remains responsible for the enforcement against VLOPs while Member States’ Digital Services Coordinators are responsible for online platforms established on their territory. In relation to AI systems, the enforcement will rely on the AI Act framework and will be supervised by the AI Office within the Commission for AI companions [and general conversational chatbots] built on general-purpose AI models provided by the same provider or integrated into VLOPs or VLOSE in accordance with Article 75(1) AI Act. Member States’ national market surveillance authorities designated under the AI Act will be responsible for other AI companions and chatbots. Non-platform online games will be supervised by the national authorities.
The proposed Regulation further establishes a new fast-track pathway for enforcement carried out by the Commission whereby a final decision can in principle be imposed in 90 days. Providers covered by the Regulation that have been designated as VLOPs are also required to submit a compliance plan to facilitate enforcement. The compliance plan must be audited by one or more independent auditors having proven expertise in the protection of minors online.. Finally, a coordination mechanism between the Commission and competent authorities is also established to cooperate on the assessment of incidents affecting the protection of minors across the Union and to rely on each other’s expertise and resources.
Section 3.2.5
Read official Commission context ↗ Commission memorandum Budgetary implications Editorial association with this article’s subject. This quotation may discuss several measures or policy recommendations; it does not replace or interpret the operative text.
Quotation · Explanatory memorandum — COM(2026) 681 final
It is important that the Commission is sufficiently staffed to carry out the activities under this Regulation. This is especially important because, in exercising its tasks, the Commission will have to supervise some of the financially strongest and technologically most sophisticated companies in the world. Supervising these companies will require staff with highly skilled and specialised profiles. The Commission faces a high political risk if enforcement is under-resourced. Calls for quick action to protect European children online are growing, and making sure that the next generation is effectively protected requires adequate staffing – also to deliver on the fast-track enforcement that will be required by this Regulation.
In order to do so the Commission will rely on the supervisory fee as established in Article 43 of the Digital Services Act. Since this proposal is a specification of the Digital Services Act, its resourcing should equally be based on the same supervisory fee. Further details on the budgetary implications are set out in the LFDS.
Wording and references are retained as published, including any inconsistencies with the proposal. Graphical figures, where mentioned, can be viewed in the official HTML.
Section 4
Read official Commission context ↗ Commission Communication Enforcement Editorial association with this article’s subject. This quotation may discuss several measures or policy recommendations; it does not replace or interpret the operative text.
Quotation · COM(2026) 680 final — An EU approach to online child safety
To ensure effective protection for children, strict enforcement is critical. The EU KIDS Act builds on the existing enforcement architecture from the DSA and the AI Act. The burden of proof to demonstrate compliance with new rules lies with the operators. This is why very large online platforms will be obliged to submit a compliance plan to an independent auditor that has to thoroughly assess the new service, feature or functionality. The Commission can request the provider to propose corrective measures if the Commission considers, based on the auditor’s report, that the compliance plan contains any shortcoming. The Act also introduces a supervisory fee to effectively fund and support the Commission’s EU-wide enforcement and supervision work. Within the enforcement structure, priority will be given to complaints related to minors.
As technology moves rapidly, the proposal foresees a review clause to cater for the possible need to update the regulatory framework.
Wording and references are retained as published, including any inconsistencies with the proposal. Graphical figures, where mentioned, can be viewed in the official HTML.
Section 2.4
Read official Commission context ↗ Commission analysis of impacts Costs and resources for public authorities Editorial association with this article’s subject. This quotation may discuss several measures or policy recommendations; it does not replace or interpret the operative text.
Quotation · SWD(2026) 681 final — Analysis of impacts
For public authorities, the economic impact is expected to be neutral and potentially slightly positive overall. Additional costs for regulators might plausibly be offset or outweighed by savings in the public health sector from improved mental and physical health.
The proposed Regulation likely requires additional spending on regulatory capacity, both at the national and EU level, for two reasons. First, there are new obligations to enforce, notably the minimum age and the more stringent age assurance requirements. Second, investigating compliance of for the potentially large number of small and micro providers could increase case load substantially, though it is expected that first-order compliance issues are rarer among these providers and that cases are less complex. Third, regulators will need additional resources to conclude investigations in the very short, envisaged time frames. Experience has shown that stable resources and permanent staff who are well experienced with both the regulation and the particular digital service or system under investigation are key to swift enforcement.
As a reference, the Australian Government has planned AUD 76.1 million (ca. EUR 47 million) over four years from 2024–25 (and AUD 16.9 million (ca. EUR 10.4 million) per year ongoing from 2028–29) to establish the minimum age of access to social media, including AUD 12.3 million (EUR 7.6 million) per year ongoing for the Office of the eSafety Commissioner to provide regulatory oversight and enforcement functions ( ). The impact assessment of the UK’s Online Safety Act has estimated costs to the regulator of GBP 62.6 million (EUR 73 million) per year ( ) and for 2025/26 Ofcom has reported an increase in staff costs of GPB 16 million (EUR 18.7 million) and of ICT costs of GPB 3.7 million (EUR 4.3 million), both driven by regulation of new duties ( ). Under the proposed regulation, part of the enforcement costs may be recouped via fees.
On the positive side, clearer obligations should make supervision and enforcement more efficient than in a situation where authorities and providers must rely primarily on broad principles and non-binding guidance. A more uniform framework may also reduce frictions linked to cross-border enforcement and reduce uncertainty for authorities as well as providers. Furthermore, to the extent that the proposed Regulation contributes to improving the mental and physical health of minors, it reduces public health care expenditure. Some economic estimates for the United States suggest that the health care cost alone for social-media related depression might be in the order of billions of dollars ( ).
Wording and references are retained as published, including any inconsistencies with the proposal. Graphical figures, where mentioned, can be viewed in the official HTML.
Section 4.3.4.2
Read official Commission context ↗ minor ‘minor’ or ‘child’ means any natural person under the age of 18;
EU KIDS Act Article 3(5)(a) →
guardian ‘guardian’ means any person holding parental responsibility over a minor pursuant to applicable national law;
EU KIDS Act Article 3(5)(b) →
AI companion ‘AI companion’ means an AI system, including a general-purpose AI system, that provides sustained, personalised interaction or companionship which simulates or facilitates a social, emotional or interpersonal relationship with a user;
EU KIDS Act Article 3(5)(c) →
general conversational chatbot ‘general conversational chatbot’ means a general-purpose AI system with general conversational functionalities for direct interaction with users that is capable of providing assistance across multiple domains and tasks; this definition excludes AI systems whose conversational functionality is limited to a specialised service, task or pre-defined set of functions, including specialised customer-service, business operation, technical-support, transactional, educational, information-retrieval, industrial or manufacturing AI applications;
EU KIDS Act Article 3(5)(d) →
online games ‘online games’ means a video game or video gaming platform;
EU KIDS Act Article 3(5)(e) →
video game ‘video game’ means an information society service as defined in Article 1(1), point (b), of Directive (EU) 2015/1535, that allows the recipients of the service to engage, by means of application accessed locally or remotely, including through the use of a durable medium and that involves interaction with a user interface or input device to generate visual feedback from a display device in a simulated environment for play or entertainment purposes;
EU KIDS Act Article 3(5)(f) →
video gaming platform ‘video gaming platform’ means an “online platform" as defined in Article 3, point (i) of Regulation (EU) 2022/2065, that involves interaction with a user interface or input device to generate visual feedback from a display device in a simulated environment [for play or entertainment purposes];
EU KIDS Act Article 3(5)(g) →
age verification ‘age verification’ means a process or system for establishing, with a high degree of certainty, whether the recipient or user of a system of the service has attained a specific age or age threshold, on the basis of information derived from identification documents or other reliable, verified sources of identification;
EU KIDS Act Article 3(5)(h) →
age assurance ‘age assurance’ means the set of methods, that can be used to determine, estimate or verify the age of a natural person, encompassing age estimation and age verification and excluding self-declaration by recipients of the service;
EU KIDS Act Article 3(5)(i) →
age signal ‘age signal’ means any data, attribute, token, credential, or other information provided, transmitted, or generated for the purpose of establishing, verifying, or demonstrating a specific age, age threshold, or age range of an individual;
EU KIDS Act Article 3(5)(j) →
EU age verification solution ‘EU age verification solution’ means an age verification solution that meets the requirements of the EU Age Verification Scheme and is certified by a public authority and included in the EU list of EU age verification solutions after notification by a Member State;
EU KIDS Act Article 3(5)(k) →
EU list of providers of EU proof of age attestations ‘EU list of providers of EU proof of age attestations’ means the list established and published by the Commission of providers issuing EU proof of age attestations
EU KIDS Act Article 3(5)(l) →
EU list of EU age verification solutions ‘EU list of EU age verification solutions’ means the list established and published by the Commission of EU age verification solutions certified as conforming with the EU Age Verification Scheme and notified by Member States;
EU KIDS Act Article 3(5)(m) →
EU Age Verification Scheme ‘EU Age Verification Scheme’ means a scheme for the attestation of attributes as defined in Article 2(4) of Commission implementing Regulation (EU) 2025/1569 with the rules applicable to providers of EU age verification solutions and of EU proof of age attestation, their approval and inclusion in the EU list of providers of EU proof of age attestations and the certification of EU age verification solutions for their inclusion in the EU list of EU age verification solutions;
EU KIDS Act Article 3(5)(n) →
proof of age attestation ‘proof of age attestation’ means an electronic attestation of attributes, as defined in Article 3(44) of Regulation (EU) No 910/2014, that allows the authentication of the fact that its holder meets a given age, age threshold, or age range;
EU KIDS Act Article 3(5)(o) →
tools for guardians ‘tools for guardians’ means software, features, functionalities, or applications designed to help guardians accompany minors' online activity to ensure their privacy, safety and well-being.
EU KIDS Act Article 3(5)(p) →
online platform Definition incorporated by reference
‘online platform’ means a hosting service that, at the request of a recipient of the service, stores and disseminates information to the public, unless that activity is a minor and purely ancillary feature of another service or a minor functionality of the principal service and, for objective and technical reasons, cannot be used without that other service, and the integration of the feature or functionality into the other service is not a means to circumvent the applicability of this Regulation;
Digital Services Act, Article 3(i) ↗
Wording in EU KIDS Act Article 3(1) For the purposes of this Regulation, the definitions of ‘online platform’, ‘recipient of the service’, ‘online interface’, ‘recommender system’ set out in Article 3 of Regulation (EU) 2022/2065 shall apply.
EU KIDS Act Article 3(1) →
recipient of the service Definition incorporated by reference
‘recipient of the service’ means any natural or legal person who uses an intermediary service, in particular for the purposes of seeking information or making it accessible;
Digital Services Act, Article 3(b) ↗
Wording in EU KIDS Act Article 3(1) For the purposes of this Regulation, the definitions of ‘online platform’, ‘recipient of the service’, ‘online interface’, ‘recommender system’ set out in Article 3 of Regulation (EU) 2022/2065 shall apply.
EU KIDS Act Article 3(1) →
online interface Definition incorporated by reference
‘online interface’ means any software, including a website or a part thereof, and applications, including mobile applications;
Digital Services Act, Article 3(m) ↗
Wording in EU KIDS Act Article 3(1) For the purposes of this Regulation, the definitions of ‘online platform’, ‘recipient of the service’, ‘online interface’, ‘recommender system’ set out in Article 3 of Regulation (EU) 2022/2065 shall apply.
EU KIDS Act Article 3(1) →
recommender system Definition incorporated by reference
‘recommender system’ means a fully or partially automated system used by an online platform to suggest in its online interface specific information to recipients of the service or prioritise that information, including as a result of a search initiated by the recipient of the service or otherwise determining the relative order or prominence of information displayed;
Digital Services Act, Article 3(s) ↗
Wording in EU KIDS Act Article 3(1) For the purposes of this Regulation, the definitions of ‘online platform’, ‘recipient of the service’, ‘online interface’, ‘recommender system’ set out in Article 3 of Regulation (EU) 2022/2065 shall apply.
EU KIDS Act Article 3(1) →
online social networking service Definition incorporated by reference
‘online social networking service’ means a platform that enables end users to connect and communicate with each other, share content and discover other users and content across multiple devices and, in particular, via chats, posts, videos and recommendations;
Digital Markets Act, Article 2(7) ↗
Wording in EU KIDS Act Article 3(2) For the purposes of this Regulation, the definitions of ‘online social networking service’, ‘video-sharing platform service’, and ‘software application store’ set out in Article 2 of Regulation (EU) 2022/1925 shall apply. Those services shall be considered an ‘online platform’ within the meaning of Article 3, point (i), of Regulation (EU) 2022/2065 for the purpose of this Regulation.
EU KIDS Act Article 3(2) →
video-sharing platform service Definition incorporated by reference
‘video-sharing platform service’ means a video-sharing platform service as defined in Article 1(1), point (aa), of Directive 2010/13/EU;
Digital Markets Act, Article 2(8) ↗
Further definition incorporated by that source
‘video-sharing platform service’ means a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union, where the principal purpose of the service or of a dissociable section thereof or an essential functionality of the service is devoted to providing programmes, user-generated videos, or both, to the general public, for which the video-sharing platform provider does not have editorial responsibility, in order to inform, entertain or educate, by means of electronic communications networks within the meaning of point (a) of Article 2 of Directive 2002/21/EC and the organisation of which is determined by the video-sharing platform provider, including by automatic means or algorithms in particular by displaying, tagging and sequencing;
Audiovisual Media Services Directive, Article 1(1)(aa) · consolidated 8 February 2025 ↗
Wording in EU KIDS Act Article 3(2) For the purposes of this Regulation, the definitions of ‘online social networking service’, ‘video-sharing platform service’, and ‘software application store’ set out in Article 2 of Regulation (EU) 2022/1925 shall apply. Those services shall be considered an ‘online platform’ within the meaning of Article 3, point (i), of Regulation (EU) 2022/2065 for the purpose of this Regulation.
EU KIDS Act Article 3(2) →
software application stores Definition incorporated by reference
‘software application stores’ means a type of online intermediation services, which is focused on software applications as the intermediated product or service;
Digital Markets Act, Article 2(14) ↗
Wording in EU KIDS Act Article 3(2) For the purposes of this Regulation, the definitions of ‘online social networking service’, ‘video-sharing platform service’, and ‘software application store’ set out in Article 2 of Regulation (EU) 2022/1925 shall apply. Those services shall be considered an ‘online platform’ within the meaning of Article 3, point (i), of Regulation (EU) 2022/2065 for the purpose of this Regulation.
EU KIDS Act Article 3(2) →
AI system Definition incorporated by reference
‘AI system’ means a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments;
AI Act, Article 3(1) ↗
Wording in EU KIDS Act Article 3(3) For the purposes of this Regulation, the definitions of ‘AI system’ and ‘general-purpose AI system’ offset out in Regulation (EU) 2024/1689 shall apply; the definition of ‘provider’ as defined in Article 3 point (3) of that Regulation shall apply with regard to AI systems regulated by this Regulation.
EU KIDS Act Article 3(3) →
general-purpose AI system Definition incorporated by reference
‘general-purpose AI system’ means an AI system which is based on a general-purpose AI model and which has the capability to serve a variety of purposes, both for direct use as well as for integration in other AI systems;
AI Act, Article 3(66) ↗
Wording in EU KIDS Act Article 3(3) For the purposes of this Regulation, the definitions of ‘AI system’ and ‘general-purpose AI system’ offset out in Regulation (EU) 2024/1689 shall apply; the definition of ‘provider’ as defined in Article 3 point (3) of that Regulation shall apply with regard to AI systems regulated by this Regulation.
EU KIDS Act Article 3(3) →
provider Definition incorporated by reference
‘provider’ means a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge;
KIDS Article 3(3) applies this definition only with regard to AI systems regulated by the proposal. It is not a general definition of providers of every service covered by KIDS.
AI Act, Article 3(3) ↗
Wording in EU KIDS Act Article 3(3) For the purposes of this Regulation, the definitions of ‘AI system’ and ‘general-purpose AI system’ offset out in Regulation (EU) 2024/1689 shall apply; the definition of ‘provider’ as defined in Article 3 point (3) of that Regulation shall apply with regard to AI systems regulated by this Regulation.
EU KIDS Act Article 3(3) →
operating system Definition incorporated by reference
‘operating system’ means a system software that controls the basic functions of the hardware or software and enables software applications to run on it;
The proposal prints Article 2, point (1), which defines “gatekeeper”. The operating-system definition reproduced here is at point (10). The proposal’s wording is retained below; this is not a silent correction of its reference.
Digital Markets Act, Article 2(10) ↗
Wording in EU KIDS Act Article 3(4) For the purposes of this Regulation, the definition of ‘operating system’ set out in Article 2, point (1), of Regulation (EU) 2022/1925 shall apply.
EU KIDS Act Article 3(4) →