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| 4. | It is in the light of the aforementioned risks that the Union legislature enacted Article 28 of Regulation (EU) 2022/2065 of the European Parliament and the Council (6). Paragraph 1 of this provision obliges providers of online platforms accessible to minors to put in place appropriate and proportionate measures to ensure a high level of privacy, safety, and security of minors, on their service. Paragraph 2 of Article 28 of Regulation (EU) 2022/2065 prohibits providers of online platform from presenting advertisements on their interface based on profiling, as defined in Article 4, point (4), of Regulation (EU) 2016/679 (7), using personal data of the recipient of the service when they are aware with reasonable certainty that the recipient of the service is a minor. Paragraph 3 of Article 28 of Regulation (EU) 2022/2065 specifies that compliance with the obligations set out in this Article shall not oblige providers of online platforms accessible to minors to process additional personal data in order to assess whether the recipient of the service is a minor. Paragraph 4 of Article 28 of Regulation (EU) 2022/2065 provides that the Commission, after consulting the European Board for Digital Services (‘the Board’), may issue guidelines to assist providers of online platforms in the application of paragraph 1.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.