Source: LetsLaw

The rapid spread of AI technologies—generative tools, virtual assistants, recommendation algorithms and biometric recognition—has placed the protection of children and adolescents at the centre of regulatory concern. Spain has promoted a coalition with more than twenty countries and international organisations such as UNICEF and UNESCO to strengthen protection of children from AI risks. European and Spanish legal frameworks already impose significant obligations on developers, providers and deployers of AI systems that may affect minors. The AI Act adopts a risk‑based approach, requires risk identification and management, human oversight and data quality guarantees, and expressly recognises vulnerable persons including those whose age creates specific vulnerabilities. Although the AI Act does not create a regime exclusively for minors, it prohibits AI practices that exploit vulnerabilities related to age and are likely to cause significant harm. Providers and deployers of high‑risk systems must meet technical documentation, traceability and transparency requirements under the Regulation.

The GDPR remains primary where AI involves personal data, requiring lawfulness, fairness, transparency, proportionality and principles such as data minimisation and purpose limitation. Controllers must implement data protection by design and by default and carry out a Data Protection Impact Assessment (DPIA) when processing is likely to result in high risk, for example profiling, automated decisions or large‑scale processing of minors’ data. Age verification and parental consent are highlighted as central challenges for digital platforms that may expose children to significant risks. The piece recalls the parental consent regime under Article 8 of the GDPR and states that under Spain’s LOPDGDD children aged 14 and over may validly consent to processing. Obtaining consent does not relieve organisations from other GDPR obligations: consent must be freely given, specific, informed and unambiguous. Digital platforms with AI functionalities should embed minors’ protection into system design, governance, access procedures and transparency to build trust.