From 10 October an important novelty will enter into force for those who use artificial intelligence systems in Italy: children under 14 will be able to access the AI only with the consent of the parents or, in any case, of those who exercise parental responsibility. This is established by paragraph 4 of article 4 of law 132/2025, the first Italian organic discipline dedicated to AI, which is very well set in the wake tracked by the European Regulation 2024/1689, better known as the ACT The idea behind this rule is that the youngest, being particularly vulnerable and very often unaware users of the consequences related to the erroneous use of these technologies, must be protected. For this, up to 14 years of age, direct family control will be necessary. From 14 to 18 years old, however, the boys will be able to give their consent alone, but on condition that the information provided by the platforms to the are clear, simple and understandable.
This approach does not want to limit access to new technologies, but balance the opportunities for use with the protection of privacy and fundamental rights. Furthermore, the legislation does not concern only minors: the entire law sets general principles for transparent use, responsible and respectful of the human autonomy of artificial intelligence systems, which must be developed and used in line with the Italian Constitution, with the law of the European Union and the values of non -discrimination, sustainability and safety. In other words, the novelty of parental consent for Under 14 is just one of the many cards of a wider mosaic, which aims to build a digital ecosystem governed by clear and respectful rules for all users.
Ai and protections for children under 14 years
Article 4 of the new law establishes that no minor under 14 will be able to use AI systems without the consent of the parents. This means that if an artificial intelligence application requires the processing of personal data and wanting to use it is an under 14 user, before he can do it he should ask for authorization to use his parents. The choice of the Italian legislator is in line with what has already been foreseen by the Code regarding the protection of personal data, which had lowered the threshold for the valid consent for the use of digital services provided online at a distance, often upon payment, in which social platforms and instant messaging apps are also included.
Behind this choice there is the awareness that younger users are less attentive to the risks connected to the use of their personal data, which can be collected for marketing purposes or to build consumption and behavior profiles. Less awareness also means greater exposure to potential abuse. These “strengthened protection” measures therefore serve to ensure that the use of AI does not become a tool to exploit the vulnerabilities of potentially more fragile and vulnerable users.
But in all this there is a huge elephant in the room we haven’t talked about yet. How will the various platforms do to understand that it was a parent who gave the consent and not the minor himself, perhaps lying on his age? Unfortunately, the new legislation does not respond to doubts of this type.
What does the standard for minors say 14-18 years
For children between 14 and 18 years old, however, it will be sufficient that the information provided is formulated with an understandable and transparent language, so that they can decide independently whether or not to consent to the processing of their data. For older children, therefore, the consent from the parents will not be needed, as long as the platforms offer truly clear and understandable explanations regarding how they intend to process the personal data of the under 18. For the latter, in fact, the rule reads as follows:
The minor age of eighteen, who has turned fourteen, can express his consent for the processing of personal data connected to the use of artificial intelligence systems, provided that the information and communications referred to in paragraph 3 (those relating to the processing of data connected to the use of AI systems, editor’s note) are easily accessible and understandable.
