L’accesso dei minori di età ai sistemi di Intelligenza artificiale. Note a margine dell’art. 4, comma 4 della L. 23 settembre 2025, n. 132

In light of the new Italian law on AI (Law No. 134/2024), this paper explores the issue of minors’ access to Artificial Intelligence Systems. Article 4(4) of this law, in line with Regulation (EU) 2016/679 (GDPR), sets the minimum age for independently expressing digital consent at 14 years, while surrounding this right with precautions. Firstly, the analysis highlights the critical issues that arise from balancing the need for autonomy of minors with the need to protect them from technological risks. These issues are further complicated by the development of increasingly sophisticated generative AI systems, capable of influencing behaviour and generating forms of addiction, which can have harmful effects on the most vulnerable users, including minors. The pa- per then assesses whether consumer law adequately protects minors’ self-determination with regard to their choice to access generative AI systems and whether it ensures the safety of using such systems, particularly with regard to the risks of manipulation and emotional dependence arising from AI systems that interact with minors