CHAPTER III – SAFETY BY DESIGN

SECTION I – General obligation on safety by design

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) →