BelgiumDécret relatif aux services de médias audiovisuels et aux services de partage de vidéos (French Community), Article 2.5-2, measures by video-sharing platform providers
Décret du 4 février 2021 (Communauté française), art. 2.5-2
In force since .
An adult content age verification (AV) rule binding private bodies.
- Enforcement body
- Collège d'autorisation et de contrôle of the Conseil supérieur de l'audiovisuel (CSA)
As of .
What it requires
- Applies to the provider of a video-sharing platform under the jurisdiction of the French Community.
- Take appropriate measures to protect minors from programmes and user-generated videos that could harm their physical, mental or moral development, so that minors cannot normally hear or see them (Article 2.5-2(1)).
- Set up a system to verify the age of the user and a parental control that the user controls (Article 2.5-2(2), point 4).
- Subject the most harmful content, such as pornography and gratuitous violence, to the strictest access-control measures (Article 2.5-2(5)).
- Do not use the personal data of minors collected or generated under these measures for commercial purposes such as direct marketing, profiling or behavioral advertising (Article 2.5-2(3)).
If you get it wrong
Penalty structure
Article 9.2.2-1(1), point 7: a fine of not less than 250 euros and not more than 3% of annual turnover excluding tax, raised to 5% where the breach is repeated within five years.
- Rule
- Turnover pct only
- As of
- Minimum
- 250
- Currency
- EUR
- Turnover percentage cap
- 3
What it reaches
Covered services
Video-sharing platforms whose provider falls under the jurisdiction of the French Community
Obligation class
Age verification, Access restriction
What this law does
A video-sharing platform provider under the jurisdiction of the French Community must take appropriate measures to protect minors from programmes and user-generated videos that could harm their physical, mental or moral development. Those measures include a system to verify the age of the user and a parental control that the user controls. The most harmful content, such as pornography and gratuitous violence, is subject to the strictest access-control measures.
Personal data of minors collected or generated under these measures may not be used for commercial purposes such as direct marketing, profiling or behavioral advertising. A provider falls under the jurisdiction of the French Community when it is established in the French-language region, or in the bilingual Brussels-Capital region where its activity belongs exclusively to the French Community. The Collège d'autorisation et de contrôle assesses whether the measures providers take are appropriate.
It can impose an administrative fine of at least 250 euros and at most 3 percent of annual turnover excluding tax, or 5 percent where the breach is repeated within five years. The decree entered into force on the twentieth day after its publication in the Moniteur belge.
When LexLint raises it
When your app profile says your app publishes adult content or operates a social platform.