The European Commission is investigating if Snapchat is ensuring a high level of safety, privacy and security for children online in compliance with the Digital Services Act (DSA). It suspects that Snapchat is breaching the DSA by exposing minors to grooming attempts and recruitment for criminal purposes, as well as to information about sale of illegal goods or age-restricted products such as drugs, vapes and alcohol.
Snapchat’s terms require users must be at least 13 years old to use Snapchat. However, the Commission suspects that the platform’s reliance on self-declaration as an age assurance measure is not a sufficient protection as it neither prevents children under 13 from accessing the service nor assesses whether users are younger than 17.
The Commission has also raised concerns that Snapchat is not adequately protecting minors from being contacted by harmful users, including those who may be involved in sexual exploitation or recruitment for criminal activities. Snapchat is suspected of failing to implement sufficient safeguards protecting children from exposure to harmful content, contact and conduct. Snapchat’s content moderation tools also appear to be insufficient in preventing the spread of information directing users to the sale of illegal products such as drugs or age-restricted products, and that the platform seems to be ineffective in preventing users from accessing such content.
In addition, it also suspects that Snapchat is failing to provide enough privacy, safety and security protections for minors. Examples of this include children and teens automatically being recommended to other users through the ‘find friends’ system and push notifications remain enabled by default. The Commission has also found that when creating an account, users are not offered adequate guidance on privacy and safety features or given an explanation on how to adjust account settings.
The Commission will also investigate whether the mechanisms currently in place for people to notify Snapchat about illegal content are user-friendly and easily accessible and if they use dark patterns in their design.
The opening of a formal investigation allows the Commission to take further enforcement steps, including the adoption of interim measures and a non-compliance decision in addition to accepting commitments from Snapchat to remedy issues which may be raised during the proceedings.
The investigation means that the Commission will be taking charge of the investigation launched by the Dutch Authority for Consumers and Markets into the sales of vapes to minors on Snapchat.
