SpainLey 13/2022, de 7 de julio, General de Comunicación Audiovisual (Spanish General Audiovisual Communication Act), Articles 88 to 90, video-sharing platform providers
Ley 13/2022, de 7 de julio, arts. 88-90
In force since .
An adult content age verification (AV) rule binding private bodies.
- Enforcement body
- Comisión Nacional de los Mercados y la Competencia (CNMC)
- Covered services
- Video-sharing platform services
- Obligation class
- Age verification, Access restriction
As of .
What it requires
- Applies to the provider of a video-sharing platform service.
- Set up and operate age verification systems for users, with respect to content that can harm the physical, mental or moral development of minors, that in every case prevent minors from reaching the most harmful audiovisual content, such as gratuitous violence or pornography.
- Provide parental control systems managed by the end user for content that can harm the physical, mental or moral development of minors.
- Do not process the personal data of minors collected or generated under these measures for commercial purposes such as direct marketing, profiling or behavioral advertising.
If you get it wrong
Penalty structure
Very serious infringement under Article 157, point 8, for a video-sharing platform service. The ceiling depends on the service's revenue: 60,000 euros under 2 million euros, 300,000 euros from 2 to under 10 million euros, 600,000 euros from 10 to under 50 million euros, and from 50 million euros up to 3 percent of revenue in the Spanish audiovisual market, with a maximum of 1,500,000 euros.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 1,500,000
What this law does
A video-sharing platform provider must set up and operate age verification systems for users, with respect to content that can harm the physical, mental or moral development of minors, that in every case prevent minors from reaching the most harmful audiovisual content, such as gratuitous violence or pornography. The provider must also offer parental control systems managed by the end user for that content.
Personal data of minors collected or generated under these measures may not be processed for commercial purposes, such as direct marketing, profiling or behavioral advertising. The Act took effect on the day after its publication in the Boletín Oficial del Estado. Its articles 88 to 91 took effect once a period of three months had passed from the Act taking effect. Failing to take the age verification measure is a very serious infringement.
A very serious infringement by a video-sharing platform service carries a fine of up to 60,000 euros for a service with revenue under 2 million euros, and up to 3 percent of its revenue in the Spanish audiovisual market, capped at 1,500,000 euros, for a service with revenue of 50 million euros or more. The Comisión Nacional de los Mercados y la Competencia supervises compliance.
When LexLint raises it
When your app profile says your app publishes adult content or operates a social platform.