Can my underage child use social media?
It depends on age: from 14 they can consent; a law would raise it to 16. In Spain, the age from which a minor can consent on their own to the processing of their personal data —and thus open social media accounts— is 14 (set by data-protection rules). Below that age, the parents' or guardians' consent is needed. Many platforms also set their own minimum ages in their terms. There's a draft law on protecting minors in digital environments that aims to raise access to 16 and require effective age verification, but it's in process and not yet in force. Meanwhile, the 14 limit for data consent applies.
📋 The rules
- Consenting to your own data processing: from 14
- Under 14: need parents' or guardians' permission
- Platforms also set their minimum age
- Draft law to raise access to 16: not yet in force
- Effective age verification planned for the future
🔓 Exceptions
- Each social network can require a higher minimum age in its terms
- Adult content or online gambling: stricter ages and controls
- Until the new law passes, the 14 limit remains in force
⚠️ Penalties & fines
A child under 14 opening an account without permission breaches data-protection rules: responsibility falls mainly on the platform (which must verify age and obtain parental consent) and, at the family level, on parental supervision. Platforms that don't properly control age can be sanctioned by the AEPD. For families, what matters is accompanying the use, setting up parental controls and knowing the risks. It's worth following the progress of the new law, which will reinforce age verification and could raise the limit to 16.
📎 Official sources
- BOE · Organic Law 3/2018 on Data Protection (minor's age, art. 7) →
- AEPD · Minors and the internet →
- Administración · Protecting minors online →
❓ Frequently asked
At what age can my child open a social-media account?
In Spain, from 14 a minor can consent on their own to the processing of their data and thus open accounts. Below that age the parents' or guardians' permission is needed, and each platform can require a higher minimum age.
Is it true they'll ban social media for under-16s?
There's a draft law on protecting minors in digital environments that aims to raise social-media access to 16 and require effective age verification. But it's in process in Congress and not yet in force; for now the 14 limit applies.
What if my under-14 child already has social media?
Opening an account under 14 without permission breaches data-protection rules. The main responsibility to verify age is the platform's, but as a family it's best to supervise use, enable parental controls and talk about the risks.
Can platforms be fined?
Yes. Platforms that don't properly control their underage users' age or obtain parental consent when required can be sanctioned by the Spanish Data Protection Agency. The new law would reinforce these duties.
What can I do as a parent?
Accompany social-media use, set up parental controls, agree rules and time limits, and know the risks (privacy, contacts, content). Supervision and dialogue are today the best protection, while age verification is being reinforced.
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