[17] European Commission. 2022. COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS A Digital Decade for children and youth: the new European strategy for a better internet for kids (BIK+). https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2022:212:FIN

[18] European Commission. 2022. European Strategy for a Better Internet for Children. https://digital-strategy.ec.europa.eu/en/policies/strategy-better-internet-kids

[19] FCC. 2023. Sponsorship Identification Rules and Embedded Advertising, MB Docket No. 08-90, Notice of Inquiry and Notice of Proposed Rulemaking, 23 FCC Rcd 10682, 10687, para. 6 (2008); 1991 Memorandum Opinion and Order, 6 FCC Rcd at 5094-99, paras. 3-34; 1991 Report and Order, 6 FCC Rcd at 2111-13, paras. 2-1. FCC. https://www.fcc.gov/document/sponsorship-identification-rules-and-embedded-advertising-0

[20] FCC. 2023. Title 47 of the Code of Federal Regulations 73.3999 Enforcement of 18 U.S.C. 1464 (restrictions on the transmission of obscene and indecent material). FCC. https://www.ecfr.gov/current/title-47/chapter-1/subchapter-C/part-73/subpart-H/section-73.3999

[21] FCC. 2023. Title 47 of the Code of Federal Regulations 73.670 Commercial limits in children's programs. FCC. https://www.ecfr.gov/current/title-47/chapter-1/subchapter-C/part-73/subpart-E/section-73.670

[22] FCC. 2023. Title 47 of the Code of Federal Regulations 76.225 Commercial limits in children's programs. FCC. https://www.ecfr.gov/current/title-47/chapter-1/subchapter-C/part-76/subpart-G/section-76.225

[23] Federal Trade Commission. 2017. *Children's Online Privacy Protection Rule; Final Rule*. https://www.ecfr.gov/current/title-16/chapter-1/subchapter-C/part-312

[24] Frans Folkvord, Doeschka J Anschütz, Emma Boyland, Bridget Kelly, and Moniek Buijzen. 2016. Food advertising and eating behavior in children. *Current Opinion in Behavioral Sciences* (2016). Diet, behavior and brain function.

[25] Sara C. Folta, Jeanne P. Goldberg, Christina Economos, Rick Bell, and Rachel Meltzer. 2006. Food Advertising Targeted at School-Age Children: A Content Analysis. *Journal of Nutrition Education and Behavior* (2006).

[26] FTC. 2019. Case 1:19-cv-02642: FTC against Google and YouTube on COPPA settlement. https://www.ftc.gov/system/files/documents/cases/172_3083_youtube_coppa_consent_order.pdf

[27] FTC. 2019. YouTube channel owners: Is your content directed to children? https://www.ftc.gov/business-guidance/blog/2019/11/youtube-channel-owners-your-content-directed-children

[28] Google. 2022. Advertising on YouTube Kids. https://support.google.com/youtubekids/answer/6130541?hl=fr

[29] Google. 2023. About audience expansion. https://support.google.com/google-ads/answer/9496986?hl=en

[30] Google. 2023. Add age targeting to ad groups. https://support.google.com/google-ads/editor/answer/47640?hl=en

[31] Google. 2023. Advertising on YouTube Kids. https://support.google.com/youtube/answer/6168681?hl=en

[32] Google. 2023. Google Ads. https://ads.google.com/

[33] Google. 2023. Google Ads Help: Targeting your ads. https://support.google.com/google-ads/answer/1704368?hl=en

[34] Google. 2023. Google Ads Settings. https://adsetting.google.com/

[35] Google. 2023. My Ad Center. https://support.google.com/My-Ad-Center-Help/?hl=en#topic=11616697

[36] Google. 2023. Videos in YouTube Kids. https://support.google.com/youtubekids/answer/6172307?hl=en

[37] Google. 2023. YouTube Kids. https://www.youtube.com/intl/en_us/kids/

[38] Bridget Kelly, Jason C.G. Halford, Emma J. Boyland, Kathy Chapman, Inmaculada Bautista-Castaño, Christina Berg, Margherita Caroli, Brian Cook, Janine G. Coutinho, Tobias Effertz, Evangelia Grammatikaki, Kathleen Keller, Raymond Leung, Yannis Manios, Renata Monteiro, Claire Pedley, Hillevi Prell, Kim Raine, Elisabetta Recine, Lluis Serra-Majem, Sonia Singh, and Carolyn Summerbell. 2010. Television Food Advertising to Children: A Global Perspective. *American Journal of Public Health* (2010).

[39] Bridget Kelly, Ben Smith, Lesley King, Victoria Flood, and Adrian Bauman. 2007. Television food advertising to children: the extent and nature of exposure. *Public Health Nutrition* 10 (2007).

[40] Matthew A. Lapierre, Frances Fleming-Milici, Esther Rozendaal, Anna R. McAlister, and Jessica Castonguay. 2017. The Effect of Advertising on Children and Adolescents. *Pediatrics* (2017).

[41] Legifrance. 1992. Décret no. 92-280 du 27 mars 1992 pris pour l'application des articles 27 et 33 de la loi no. 86-1067 du 30 septembre 1986 et fixant les principes généraux définissant les obligations des éditeurs de services en matière de publicité, de parrainage et de télé-achat. https://www.legifrance.gouv.fr/loda/id/JORFTEXT000000346165/

[42] Marisa Meyer, Victoria Adkins, Nalingna Yuan, Heidi M. Weeks, Yung-Ju Chang, and Jenny S. Radesky. 2019. Advertising in Young Children's Apps: A Content Analysis. *Journal of Developmental & Behavioral Pediatrics* (2019).

[43] Sudip Basu Mithun Das, Sisir Ghorai. 2018. A Study on Effects of TV Advertising on Children. *International Journal of Research and Scientific Innovation (IJRSI)* (2018).

[44] Elizabeth S. Moore. 2004. Children and the Changing World of Advertising. *Journal of Business Ethics* (2004). https://doi.org/10.1023/b:busi.0000035907.66617.f5

[45] NScreenMedia. 2020. YouTube used by more children than YouTube Kids. https://nscreenmedia.com/more-kids-youtube-versus-youtube-kids

[46] Official Journal of the European Union. 2022. Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act - DSA). https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R2065&from=EN

[47] European Parliament and Council. 2010. DIRECTIVE 2010/13/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive). https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32010L0013

[48] European Parliament and Council. 2018. DIRECTIVE (EU) 2018/1808 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities. https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32018L1808&qid=1689960710955*d1e1811-69-1

[49] Jenny Radesky, Yolanda (Linda) Reid Chassiakos, Nusheen Ameenuddin, Dipesh Navsaria, and COUNCIL ON COMMUNICATION AND MEDIA. 2020. Digital Advertising to Children. *Pediatrics* (2020).

[50] Jenny Radesky, Yolanda Reid-Chassiakos, Nusheen Ameenuddin, and Dipesh Navsaria. 2020. Digital Advertising to Children. *Pediatrics* (2020).

[51] P. S. Raju and Subhash C. Lonial. 1990. Advertising to Children: Findings and Implications. *Current Issues and Research in Advertising* (1990).

[52] Irwin Reyes, Primal Wijesekera, Joel Reardon, Amit Elazari, Abbas Razagpanah, Narsev Vallina-Rodriguez, and Serge Egelman. 2018. Won't Somebody Think of the Children? Examining COPPA Compliance at Scale. *Proceedings on Privacy Enhancing Technologies (PETS)* (2018).

[53] Filipe N. Ribeiro, Koustuv Saha, Mahmoudreza Babaei, Lucas Henrique, Johnhnatan Messias, Oana Goga, Fabricio Benevenuto, Krishna P. Gummadi, and Elissa M. Redmiles. 2019. On Microtargeting Socially Divisive Ads: A Case Study of Russia-Linked Ad Campaigns on Facebook. In *FAT* 2019.

[54] Márcio Silva, Lucas Santos de Oliveira, Athanasios Andreou, Pedro Olmo Vaz de Melo, Oana Goga, and Fabricio Benevenuto. 2020. Facebook Ads Monitor: An Independent Auditing System for Political Ads on Facebook. In *The Web Conference (WWW) 2020*.

[55] Statista. 2023. Websites and mobile apps used to watch video content online by children in the United Kingdom (UK) as of January 2021. https://www.statista.com/statistics/1251996/platforms-online-videos-uk-children/

[56] Thomas V. Petros Stephen R. Levin and Florence W. Petrella. 1982. Preschoolers' Awareness of Television Advertising. *Child Development* (1982).

[57] Mary Story and Simone French. 2004. Food Advertising and Marketing Directed at Children and Adolescents in the US. *The international journal of behavioral nutrition and physical activity* (2004).

[58] U.S. 117TH CONGRESS. 2022. Banning Surveillance Advertising Act. https://www.congress.gov/117/bills/s3520/BILLS-117s3520is.pdf

[59] Eva A. van Reijmersdal, Esther Rozendaal, Nadia Smink, Guda van Noort, and Moniek Buijzen. 2017. Processes and effects of targeted online advertising among children. *International Journal of Advertising* (2017).

[60] Washingtonpost. 2020. YouTube overhauls advertising, data collection on kids content. https://www.washingtonpost.com/technology/2020/01/06/youtube-overhauls-advertising-data-collection-kids-content/

[61] Brian Wilcox, Dale Kunkel, Joanne Cantor, Peter Dowrick, Susan Linn, and Edward Palmer. 2004. Report of the APA Task Force on Advertising and Children. *Section: Psychological issues in the increasing commercialization of childhood* (2004).

[62] Samantha L. Yeo, Alexandria Schaller, Michael B. Robb, and Jenny S. Radesky. 2021. Frequency and Duration of Advertising on Popular Child-Directed Channels on a Video-Sharing Platform. *JAMA Network Open* (2021).

[63] YouTube. 2020. COPPA and YouTube: Answering Your Top QuestionsA. https://www.youtube.com/watch?v=KdIqQ9kq4F4

[64] YouTube. 2020. Important Update for All Creators: Complying with COPPA. https://www.youtube.com/watch?v=-JzXiSkoFKw

[65] Fangwei Zhao, Serge Egelman, Heidi Weeks, Niko Kaciroti, Alison Miller, and Jenny Radesky. 2020. Data Collection Practices of Mobile Applications Played by Preschool-Aged Children. *JAMA Pediatrics* (2020).
# A APPENDIX

## A.1 Screenshots

<figure><img src="image_2.png" /><figcaption>Figure 2: Redirection from YouTube to YouTube Kids.</figcaption></figure>

<figure><img src="image_3.png" /><figcaption>Figure 3: Screenshot of our two ads.</figcaption></figure>

<figure><img src="image_4.png" /><figcaption>Figure 4: Example of ad explanation provided in “Why you’re seeing this ad”.</figcaption></figure>

### A.2.2 Additional provisions in the Directive (EU) 2018/1808 of 14 November 2018. Article 28b (3) states that “**appropriate measures** shall be determined in light of the nature of the content in question, the harm it may cause, the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake, including those of the video-sharing platform providers and the users having created or uploaded the content as well as the general public interest (...). For the purposes of the protection of minors (...) the most harmful content shall be subject to the **strictest access control** measures. Those measures shall consist of, as appropriate : (...) (f) establishing and operating **age verification** systems for users of video-sharing platforms with respect to content which may impair the physical, mental or moral development of minors; (...) (g) providing for **parental control** systems that are under the control of the end-user with respect to content which may impair the physical, mental or moral development of minors (...).”

### A.2.3 Relevant nomenclature in the COPPA. Verifiable parental consent means “any reasonable effort (taking into consideration available technology), including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that a parent of a child receives notice of the operator’s personal information collection, use, and disclosure practices, and authorizes the collection, use, and disclosure, as applicable, of personal information and the subsequent use of that information before that information is collected from that child.”

**Personal information** means “individually identifiable information about an individual collected online, including: (1) A first and last name; (2) A home or other physical address including street name and name of a city or town; (3) Online contact information as defined in this section; (4) A screen or user name where it functions in the same manner as online contact information, as defined in this section; (5) A telephone number; (6) A Social Security number; (7) A persistent identifier that can be used to recognize a user over time and across different Web sites or online services. Such persistent identifier

## A.2 Additional legal excerpts

This section provides more details on the meaning and definition of precise words used in different legislations we discuss in Section 3.

### A.2.1 Additional provisions in the DSA.
The Article 28 of the DSA is without prejudice to Union law on protection of personal data. In particular, Article 8 of the GDPR states, concerning conditions applicable to child’s consent in relation to information society services, that, “where the criteria for making data processing lawful is consent (6.1.a of the GDPR) (...) the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child. Member States may provide by law for a lower age for those purposes provided that such lower age is not below 13 years.

To ensure effective implementation of these due diligence obligations by platforms, the DSA defines a set of administrative sanctions and monitoring measures that will be implemented by the European Commission in relation to VLOPS. In Article 54 supplements this by the possibility for a recipient of services who suffers damage as a result of the violation of a due diligence obligation to obtain compensation for his loss in: “Recipients of the service shall have the right to seek, in accordance with Union and national law, compensation from providers of intermediary services, in respect of any damage or loss suffered due to an infringement by those providers of their obligations under this Regulation”. This solution is a major novelty. It is important to specify that liability will be triggered by the occurrence of a systemic risk, for example concerning the mental health of a child.
# A APPENDIX

## A.1 Screenshots

<figure><img src="image_3.png" /><figcaption>Figure 2: Redirection from YouTube to YouTube Kids.</figcaption></figure>

<figure><img src="image_4.png" /><figcaption>Figure 3: Screenshot of our two ads.</figcaption></figure>

<figure><img src="image_5.png" /><figcaption>Figure 4: Example of ad explanation provided in “Why you’re seeing this ad”.</figcaption></figure>

### A.2.2 Additional provisions in the Directive (EU) 2018/1808 of 14 November 2018. Article 28b (3) states that “**appropriate measures** shall be determined in light of the nature of the content in question, the harm it may cause, the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake, including those of the video-sharing platform providers and the users having created or uploaded the content as well as the general public interest (...). For the purposes of the protection of minors (...) the most harmful content shall be subject to the **strictest access control** measures. Those measures shall consist of, as appropriate : (...) (f) establishing and operating **age verification** systems for users of video-sharing platforms with respect to content which may impair the physical, mental or moral development of minors; (...) (g) providing for **parental control** systems that are under the control of the end-user with respect to content which may impair the physical, mental or moral development of minors (...).”

### A.2.3 Relevant nomenclature in the COPPA. Verifiable parental consent means “any reasonable effort (taking into consideration available technology), including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that a parent of a child receives notice of the operator’s personal information collection, use, and disclosure practices, and authorizes the collection, use, and disclosure, as applicable, of personal information and the subsequent use of that information before that information is collected from that child.”

**Personal information** means “individually identifiable information about an individual collected online, including: (1) A first and last name; (2) A home or other physical address including street name and name of a city or town; (3) Online contact information as defined in this section; (4) A screen or user name where it functions in the same manner as online contact information, as defined in this section; (5) A telephone number; (6) A Social Security number; (7) A persistent identifier that can be used to recognize a user over time and across different Web sites or online services. Such persistent identifier

## A.2 Additional legal excerpts

This section provides more details on the meaning and definition of precise words used in different legislations we discuss in Section 3.

### A.2.1 Additional provisions in the DSA.
The Article 28 of the DSA is without prejudice to Union law on protection of personal data. In particular, Article 8 of the GDPR states, concerning conditions applicable to child’s consent in relation to information society services, that, “where the criteria for making data processing lawful is consent (6.1.a of the GDPR) (...) the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child. Member States may provide by law for a lower age for those purposes provided that such lower age is not below 13 years.

To ensure effective implementation of these due diligence obligations by platforms, the DSA defines a set of administrative sanctions and monitoring measures that will be implemented by the European Commission in relation to VLOPS. In Article 54 supplements this by the possibility for a recipient of services who suffers damage as a result of the violation of a due diligence obligation to obtain compensation for his loss in: “Recipients of the service shall have the right to seek, in accordance with Union and national law, compensation from providers of intermediary services, in respect of any damage or loss suffered due to an infringement by those providers of their obligations under this Regulation”. This solution is a major novelty. It is important to specify that liability will be triggered by the occurrence of a systemic risk, for example concerning the mental health of a child.
includes, but is not limited to, a customer number held in a cookie, an
Internet Protocol (IP) address, a processor or device serial number, or
unique device identifier; (8) A photograph, video, or audio file where
such file contains a child's image or voice; (9) Geolocation information

sufficient to identify street name and name of a city or town; or (10)
Information concerning the child or the parents of that child that the
operator collects online from the child and combines with an identifier
described in this definition."
includes, but is not limited to, a customer number held in a cookie, an
Internet Protocol (IP) address, a processor or device serial number, or
unique device identifier; (8) A photograph, video, or audio file where
such file contains a child's image or voice; (9) Geolocation information

sufficient to identify street name and name of a city or town; or (10)
Information concerning the child or the parents of that child that the
operator collects online from the child and combines with an identifier
described in this definition."