22.04.2026

Online age verification: “No more excuses”

On April 15, 2026, the President of the European Commission announced that the technical solution (app) for online age verification developed under the coordination of the European executive will soon be available.[1] The entire speech focused on the need to protect children online, a firm commitment of the European Commission and one accelerated by the stances of certain member states regarding the prohibition of minors’ access to social media. Ursula von der Leyen’s statements were as firm as possible: no more excuses, and online platforms that fail to protect our children will be held accountable.

This approach is not merely a political statement but follows a strategy of the European Commission. One month ago, on March 26, 2026, the Commission announced the preliminary results of an investigation into whether operators of adult-oriented websites (pornographic content) are complying with the provisions of the Digital Services Act (Regulation 2022/2065), concluding that a user’s mere declaration that they are over 18 is not an effective measure to prevent minors from accessing harmful content.[2]What is obvious to anyone from a factual standpoint has thus also acquired legal significance. From a legal standpoint, given that the applicable rules do not specify a particular protection mechanism but only the obligation to take appropriate measures, it is expected that the technical solution for online age verification proposed by the Commission will set the standard for measures to protect minors to be considered compliant. For clarity, the use of the Commission’s application itself is not mandatory; other technical solutions may also be used, provided they offer a similar level of adequacy. In other words, mechanisms that do not involve verification based on the formula proposed by the Commission may be deemed inadequate, with consequences potentially extending to the imposition of sanctions.

The effects are not limited solely to major platforms or social media networks; rather, it is expected that the same age verification standard will eventually be considered mandatory for accessing other services; for example, when placing an online order for alcoholic beverages, purchasing games, or simply to verify the age required for valid consent in accordance with data protection legislation. Thus, the Commission’s imposition of this technical standard could affect any business engaged in online commerce involving age-restricted products or services. If this becomes the future approach of the competent authorities, whether European or national, then the paradigm of how we use the internet will change, as at least some websites or platforms will have to abandon the simple user declaration that they meet the minimum age required by specific legislation and implement an effective age verification system. While some cases are clear-cut (e.g., platforms with pornographic content), a potential difficulty lies in the concrete definition of content harmful to minors, as well as in the differences between national regulations (e.g., varying age thresholds).

Multiple analyses have already highlighted vulnerabilities in the technical system developed by the European Commission.[3]However, beyond the technical aspects that can be improved, several fundamental issues remain worthy of analysis. On the one hand, as I highlighted in a previous article[4] , under the current constitutional framework, the state and the European Union have an obligation to support parents in the process of educating and raising children, without being able to intervene more than necessary in this sphere. On the other hand, we must not overlook the possibility that many platforms or websites may become overly cautious and impose age verification as a precaution against potential sanctions, even though their content is not harmful to minors, a matter that raises some questions regarding the unintended effects that age verification in the online environment could generate in the medium and long term.

It remains to be seen what approach the jurisdictions with the authority to verify whether such measures are compatible with fundamental rights will take. For now, the closest case is Free Speech Coalition, Inc. et al. v. Paxton (June 27, 2025), in which the U.S. Supreme Court upheld as consistent with free speech a Texas law requiring that access to websites with pornographic content be granted only upon identity verification using an official document or credible proof of age (e.g., a credit card) or a digital age verification service.[5]In Romania, the closest precedent could be found in Constitutional Court Decision No. 498/2018, in which the Court emphasized that conditioning medical services on consent to data processing via the electronic health record is unconstitutional.[6] However, in principle, a regulation requiring proof of age in the digital environment, for certain limited situations, should not automatically lead to a violation of the right to privacy, as long as it is accompanied by sufficient safeguards to ensure confidentiality.

At present, businesses that are required under Romanian or EU law not to market products or services intended for minors find themselves in a position of slight uncertainty. From the European Commission’s perspective, simply mentioning the minimum age in a website’s terms of use is no longer sufficient to ensure compliance with applicable rules. It is expected that there will at least be a trend toward extending the standard established by the Commission in the specific context of the Digital Services Act to other areas.

An article by Constantin Cosmin Pintilie, Managing Associate -cpintilie@stoica-asociatii.ro .

 [1] See:https://ec.europa.eu/commission/presscorner/detail/en/STATEMENT_26_817