Do rights for the protection of minors apply for the content of my NFTs (display of nudity, violence, language etc.)?

Select jurisdiction

Germany
  • Germany
  • Greece
  • Brazil

Germany

Yes, the utility connected to NFTs needs to comply with the regulatory requirements of youth
protection. This is especially true if the NFTs grant access to traditional media such as
pictures, videos, or video games or to age-restricted products or services. This content or
products or services offered need to comply with the German youth protection requirements
if offered in Germany.
For example, gambling may only be offered to German customers if it is licensed, and the
players are at least 18 years old. Another example is offering alcoholic beverages: If the
NFTs grant access to ordering alcoholic beverages or to attend parties where alcoholic
beverages are served, the relevant youth protection requirements need to be complied with
(this means beer and wine not under 16 years of age and hard liquor not under 18 years of
age).

Christoph Engelmann

Regulation

Greece

In general, it depends on the purpose of the website in which the NFT content is
displayed: if the website is addressed to minors, the content must be appropriately
formatted (prohibited display of nudity etc). Otherwise, it must be explicitly stated in
the terms of use of the website (disclaimers) that the use of the website is not allowed
to minors and that in case of use by minors, the sole responsibility lies with the
parents of the minors, excluding any liability of the website.

Vaia Papathanasiou

Private Law

Brazil

Yes, the Federal Constitution (art. 227 § 4) as well as the specific legislation for the protection of minors (law 8069) protect children and adolescents and applies to NFTs.

Fabio Cendão

Intellectual Property and Innovation

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