EU Warns France Can’t Force Social Platforms to Do Mandatory Under-15 Age Checks

France’s newly approved plan to ban social media for children and teens under 15 has hit a major legal snag. In a published position, the European Commission says current EU rules do not allow member states to force platforms to introduce mandatory age checks, largely due to how the Digital Services Act harmonizes obligations for very large online services.

Quick facts

• France voted for a social media ban for users under 15 in both parliamentary chambers about a week before the EU assessment.
• New accounts are set to be affected from September 1, 2026; existing profiles get a transition until January 1, 2027.
• The European Commission says EU law prevents member states from requiring platforms to implement mandatory age verification.
• The Commission also notes the French text does not expressly require age controls and can’t be interpreted to create extra duties beyond the Digital Services Act.
• Large platforms such as TikTok and Instagram fall under direct EU oversight, not national supervision.

France moved first in the EU by approving the ban with a large majority in both chambers. However, the practical question of how the age limit would be verified was left open in the law’s details.

Under the timetable lawmakers set, the restrictions would apply immediately for newly created accounts starting September 1, 2026. For accounts that already exist, the government provided a grace period until January 1, 2027.

EU rules block mandatory age checks

The European Commission’s position centers on the Digital Services Act (DSA). It argues that, under the current legal framework, member states cannot impose special national requirements on platforms to force age verification measures—especially for very large online services—because the DSA largely standardizes platform regulation across the EU.

The Commission also points to a second obstacle: the French legislation, as drafted, does not explicitly require platform operators to implement age controls. In the Commission’s view, that means the law cannot be read in a way that would automatically create additional, DSA-beyond obligations for platforms.

Age checks are described as only one possible protection measure within the broader EU approach, not a standalone mandatory requirement. The Commission adds that major services like TikTok and Instagram are directly overseen by the EU institutions, rather than being supervised by individual member states.

Notified legislation review raises doubts

This assessment was issued as part of the EU notification process, where member states submit planned laws for review to determine whether they comply with EU law and whether they could restrict the free provision of services. The Commission acknowledges the shared goal of improving protections for minors online, but it stresses that additional national requirements aimed at platforms would conflict with the DSA.

The position further indicates that the French draft appears to establish a minimum age, while not obligating platforms to carry out binding age verification. It also warns that the statute shouldn’t be interpreted to generate new responsibilities that go beyond what the DSA already provides.

That distinction matters because France’s president, Emmanuel Macron, publicly framed the law as a sweeping success—claiming that social media would be prohibited for under-15s from the stated date. The Commission’s reasoning suggests the ban’s enforcement would still depend heavily on platforms’ voluntary cooperation, rather than a guaranteed legal mechanism to compel age checks.

Political pressure grows across Europe

The French move also runs counter to earlier calls for coordination with other EU leaders and the EU Commission president. In the days leading up to the current situation, the European Commission presented a 156-page expert report intended to serve as a basis for a legislative proposal after the summer break.

An analysis highlighted that the report reportedly contains significant technical shortcomings, but the key point for this dispute is that France is using its national vote as a political signal. The aim is to create leverage for upcoming European negotiations—pushing the EU Commission to adapt the DSA so that mandatory age checks could become legally feasible.

The Commission’s position is not portrayed as a total dead end for age limits across the EU. It notes that a minimum age for social networks can be a desirable objective and signals some openness to later EU-wide solutions.

Meanwhile, other countries are also exploring similar approaches. Greece and Spain are reported to be discussing comparable laws. Austria has already submitted a draft with a minimum age of 14 and mandatory age controls, but the Commission’s reasoning suggests it would face the same legal constraints.

Taken together, the parallel efforts give platforms arguments to challenge these national laws, while also increasing pressure on EU institutions to clarify what—if anything—can be enforced at member-state level versus what must be handled through DSA-wide rules.