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Growing Up Online: Comparative Legal Perspectives on Minors, Consent and Digital Exposure: Comparison
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Please note this is a comparison between Version 2 by Ivy Yuan and Version 1 by Silvia Durán Alonso.

The increasing presence of minors on digital platforms raises complex legal questions regarding their privacy, data protection, and the limits of parental authority in supervising their online activities. This entry analyses the legal framework applicable to the use of the Internet by minors, with particular emphasis on the validity of consent for data processing, the risks of overexposure, the need for digital literacy and the particularities of minors who create content. This study incorporates a comparative perspective, examining national and international approaches—especially in Spain, the United States, and France—to highlight the existing regulatory gaps and the urgent need for legal harmonisation in protecting minors in the digital age.

  • minors
  • digital exposure
  • internet law
  • consent
  • data protection
  • online platforms
  • child content creators
  • digital literacy
The exponential growth of digital technologies has had a profound impact on the way in which children and adolescents interact with the world. In the contemporary era, children are increasingly exposed to a culture characterised by the pervasive use of Internet-connected devices, which is becoming available to them at an earlier age. These generations, frequently designated as ‘digital natives’ [1], are growing up in a world saturated with smartphones and tablets, which they are able to utilise with ease from a very early age [2]. Indeed, there is even evidence to suggest that children as young as two or three years old frequently use their parents’ mobile devices to watch videos or play games. Consequently, there has been an increasing tendency for individuals to establish their own profiles on social networks.

Therefore, children’s access to digital devices, and smartphones in particular, is virtually universal from adolescence onwards. A study of specific data from various countries reveals that in Spain, approximately 42% of 10-year-olds possess a smartphone, increasing to 53% at age 11 and reaching 75% at age 12 [3,4]. In France, 91% of individuals aged 12 and over possess a smartphone, and within the 12–17 age bracket, this figure rises to 96% [5,6]. However, an Organisation for Economic Co-operation and Development (OECD) report indicates that by the age of 10, only approximately 40% of French children have their own device, in contrast to the significantly higher figures observed in the Nordic countries, Poland and Latvia [7]. In the UK, 55% of 8–11 year olds already have a smartphone, rising to 97% by the age of 12 [8]. In the United States, meanwhile, access is almost universal: 92% of 13–14 year-olds and 97% of 15–17 year-olds have a smartphone [9].

Therefore, children’s access to digital devices, and smartphones in particular, is virtually universal from adolescence onwards. A study of specific data from various countries reveals that in Spain, approximately 42% of 10-year-olds possess a smartphone, increasing to 53% at age 11 and reaching 75% at age 12 [3][4]. In France, 91% of individuals aged 12 and over possess a smartphone, and within the 12–17 age bracket, this figure rises to 96% [5][6]. However, an Organisation for Economic Co-operation and Development (OECD) report indicates that by the age of 10, only approximately 40% of French children have their own device, in contrast to the significantly higher figures observed in the Nordic countries, Poland and Latvia [7]. In the UK, 55% of 8–11 year olds already have a smartphone, rising to 97% by the age of 12 [8]. In the United States, meanwhile, access is almost universal: 92% of 13–14 year-olds and 97% of 15–17 year-olds have a smartphone [9].

Evidence shows that the process of digital socialisation among children and adolescents is occurring at an increasingly younger age. This phenomenon is driven by the concept of digital social integration, which suggests that the absence of online presence can result in social exclusion [10]. While these dynamic carries significant risks, it also offers potential benefits: online interaction can foster creativity, social engagement, and inclusion, especially for children who face barriers in offline contexts. As has been previously documented in doctrine, when accompanied by appropriate guidance and digital literacy, online participation has the capacity to contribute positively to children’s development and sense of belonging [11,12]. As a result, minors are compelled to engage in digital activities, despite the potential risks such as vulnerability to harassment and even sexual exploitation. In a decentralised environment, concerns arise due to the absence of transparency and the presence of security risks, including the authentication of users and the integrity of content [13]. Legal safeguards must ensure that users’ rights are protected online just as they are offline [14]. In this regard, the Council of Europe’s “Digital Citizenship Education” framework provides a comprehensive approach to fostering responsible and rights-based digital participation among children and young people [15].

Evidence shows that the process of digital socialisation among children and adolescents is occurring at an increasingly younger age. This phenomenon is driven by the concept of digital social integration, which suggests that the absence of online presence can result in social exclusion [10]. While these dynamic carries significant risks, it also offers potential benefits: online interaction can foster creativity, social engagement, and inclusion, especially for children who face barriers in offline contexts. As has been previously documented in doctrine, when accompanied by appropriate guidance and digital literacy, online participation has the capacity to contribute positively to children’s development and sense of belonging [11][12]. As a result, minors are compelled to engage in digital activities, despite the potential risks such as vulnerability to harassment and even sexual exploitation. In a decentralised environment, concerns arise due to the absence of transparency and the presence of security risks, including the authentication of users and the integrity of content [13]. Legal safeguards must ensure that users’ rights are protected online just as they are offline [14]. In this regard, the Council of Europe’s “Digital Citizenship Education” framework provides a comprehensive approach to fostering responsible and rights-based digital participation among children and young people [15].
This situation poses not only an educational challenge but also a regulatory one. It concerns minors’ privacy, their ability to give valid consent, and the risks arising from excessive online exposure. It is imperative to acknowledge that this form of early and frequently unsupervised exposure to digital platforms does indeed present a number of risks, especially when minors participate as content creators or interact with unknown users online. The absence of adequate digital education, coupled with the tendency of minors to share personal data without fully comprehending the implications, further exacerbates these risks [16].
In response to this novel and intricate reality, various state legal systems have demonstrated a lack of consistency in their approach. The capacity of minors to consent to the processing of their personal data, their right to privacy and the limits of parental authority in monitoring their online behaviour are areas of increasing legal and ethical concern. The purpose of this paper is to explore the legal implications of minors’ digital exposure, with a particular focus on consent, personal data protection and the duties of parents or guardians. This analysis begins with an examination of Spanish law, the text subsequently incorporates comparative references to a variety of legal systems, including those of France and the United States of America. In so doing, it undertakes a thorough investigation of extant regulatory gaps and puts forward a series of proposals for the safeguarding of the rights of minors in an era of increasing global interconnectedness.
In methodological terms, this entry employs a comparative legal approach, with a primary focus on France, Spain, and the United States. These countries were selected as representative jurisdictions due to their differing legal traditions, which include continental European and common law, and their particular relevance in current debates on minors’ rights and digital regulation.
References to other European countries (e.g., Germany or the Netherlands) are included selectively, when they provide illustrative examples or highlight alternative approaches within the broader EU framework. The objective is not to provide an exhaustive comparative survey, but rather to identify the key similarities and divergences among the leading systems that influence international standards in this field.
The analysis adopted is descriptive and normative rather than empirical, with the objective being to examine the main regulatory principles, trends, and possible avenues for harmonisation across jurisdictions. The temporal scope encompasses the most recent reforms and instruments that have been implemented as of 2024, including the General Data Protection Regulation (GDPR), the Digital Services Act (DSA), and the U.S. Children’s Online Privacy Protection Act (COPPA).

References

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  2. Organista Sandoval, J.; McAnally Salas, L.; Lavigne, G. El teléfono inteligente (smartphone) como herramienta pedagógica. Apertura 2013, 5, 6–19. Available online: https://www.redalyc.org/pdf/688/68830443002.pdf?utm_source=chatgpt.com (accessed on 13 September 2025).
  3. Marketing Charts. At What Age do Kids Start Getting Smartphones? Available online: https://www.marketingcharts.com/demographics-and-audiences/teens-and-younger-225502 (accessed on 13 September 2025).
  4. Wilson, J.; Kellman, L. Should Young Kids Have Smartphones? These Parents in Europe Linked Arms and Said No. Medicalxpress. Available online: https://medicalxpress.com/news/2024-06-young-kids-smartphones-parents-europe.html (accessed on 13 September 2025).
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  7. OECD. How’s Life for Children in the Digital Age? OECD: Paris, France, 2025.
  8. Ofcom. Children and Parents: Media Use and Attitudes Report. Available online: https://www.ofcom.org.uk/siteassets/resources/documents/research-and-data/media-literacy-research/children/childrens-media-use-and-attitudes-report-2025/childrens-media-literacy-report-2025.pdf?v=396621 (accessed on 13 September 2025).
  9. Statista. Percentage of Teenagers in the United States Who Have Access to a Smartphone at Home as of October 2023, by Age Group. Available online: https://www.statista.com/statistics/476050/usage-of-smartphone-teens-age/#:~:text=According%20to%20a%202023%20survey,stated%20owning%20a%20smartphone%20device (accessed on 13 September 2025).
  10. Martínez-Rodrigo, E.; Martínez-Cabeza Jiménez, J. Proyección de los menores en las redes sociales. In Desafíos de la Protección de Menores en la Sociedad Digital. Internet, Redes Sociales y Comunicación; Tirant lo Blanch: Valencia, Spain, 2018; pp. 487–512.
  11. Livingstone, S.; Blum-Ross, A. Parenting for a Digital Future: How Hopes and Fears About Technology Shape Children’s Lives; Oxford Academic: New York, NY, USA, 2020.
  12. Livingstone, S.; Mascheroni, G.; Staksrud, E. European research on children’s internet use: Assessing the past and anticipating the future. New Media Soc. 2018, 20, 1103–1122.
  13. Aranda Serna, F.J. Los retos jurídicos del metaverso: Aproximación a los riesgos y desafíos que plantea para la identidad digital . Eur. Public Soc. Innov. Rev. 2024, 9, 1–19.
  14. Dizaji, A.; Dizaji, A. Metaverse and its legal challenges. Synesis 2023, 15, 138–151.
  15. Council of Europe. Digital Citizenship Education Handbook; Council of Europe Publishing: Strasbourg, France, 2019; Available online: https://rm.coe.int/16809382f9 (accessed on 15 October 2025).
  16. Gil Antón, A.M. El menor y la tutela de su entorno virtual. Rev. Derecho UNED 2015, 16, 275–319.
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