Legal definitions
Luxembourg’s domestic law does not define “child,” but a “minor” is defined as a person under age 18, consistent with the definition of a child in the Lanzarote Convention and the UN Convention on the Rights of the Child, both of which Luxembourg has ratified. The age of consent for sexual activity is 16, with a close-in-age exception when the minor is between 13 and under 16 and the age difference does not exceed four years.
While not expressly defined, “child sexual exploitation,” “child sexual abuse,” “child pornography” or “child sexual abuse material” (CSAM), “sexually explicit conduct,” “grooming,” and “sextortion” are addressed by various laws describing and/or prohibiting related conduct. Computer-generated CSAM is implicitly prohibited by the CSAM-related provision of the Luxembourg Penal Code.
Regulatory requirements/recommendations
As an EU Member State, Luxembourg is subject to the Digital Services Act (DSA), which does not require online platforms to proactively monitor all user content. However, online platforms are required to implement notice-and-action mechanisms, remove illegal content such as CSAM once aware of it, and take proportionate measures to mitigate systemic risks, including risks to children.
Age verification requirements/recommendations
The DSA, which applies in Luxembourg, does not require online platforms to implement age verification before allowing access to their services. However, under Luxembourg national law, video-sharing platforms must implement systems to verify the age of users when providing access to content that may harm the development of minors.
Parental consent requirements/recommendations
Online platforms are generally not required to obtain parental consent before allowing a child to access their services. However, Luxembourg law does require video-sharing platforms to implement parental control systems for content likely to harm the physical, mental, or moral development of minors.
Legal remedies for child victims
Legal remedies are available to child victims in Luxembourg. Victims may rely on privacy and image rights protections and criminal prohibitions on CSAM to seek removal of illegal content. Under the DSA, online platforms must remove illegal content once they are aware of it. Courts may issue injunctions, authorities may impose interim measures, and victims may seek financial damages through civil or criminal proceedings.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.