Parents and teachers in Spain asking whether minors can use chatbots, and with what protections, must compare company terms with data-protection law. By October 2026, ChatGPT, Gemini and Claude set different age floors, while Spain’s 14-year consent rule survives a reform that died in Congress.
- Key Point: Organic Law 3/2018, Article 7, lets minors consent to data processing from 14; younger children need a parent or guardian. The consolidated BOE text was last updated 27 December 2025.
-
Key Point: Congress approved on 10 September 2025 a bill raising social-media registration from 14 to 16 and requiring free manufacturer parental controls, the Ministry of Justice says. It never reached the BOE and was marked
“Concluido – (Caducado)”
on 6 October 2026 after ten months in report.
- Key Point: ChatGPT requires 13 or the local consent age, plus guardian permission under 18; OpenAI gives no Spanish figure. Gemini effectively requires 14 in Spain. Claude admits only adults 18 or the higher local age.
- Key Point: ChatGPT links teen accounts to quiet and study hours but cannot show chats. Gemini’s Family Link path excludes Gemini for supervised accounts in the EEA, UK and Switzerland. Claude has no teen mode.
Law and lapsed reform
Article 7 says a minor’s data processing
“únicamente podrá fundarse en su consentimiento cuando sea mayor de catorce años”
. Below 14, parental authority or guardianship consent is required. The BOE consolidated text was updated 27 December 2025.
The bill on protecting minors in digital environments, approved for processing by Congress on 10 September 2025, would have lifted social-media registration from 14 to 16 and obliged manufacturers to include free parental controls, according to the Ministry of Justice. It did not reach the BOE. The Congress record has shown
“Concluido – (Caducado)”
since 6 October 2026, after roughly ten months in the reporting phase. The benchmark remains 14.
Chatbots are not social networks; each firm sets its own age. When a provider says “or your country’s minimum” without a Spanish number, as OpenAI does, taking the 14-year data-protection threshold is reasonable.
The three services
ChatGPT
OpenAI’s European terms require
“al menos 13 años o la edad mínima requerida en tu país”
and guardian permission below 18. No separate Spanish figure is published. ChatGPT for Teens is available on free and paid personal plans. Parents can link accounts and manage some settings, including quiet hours, which block access at set times, and study hours, which open new chats in study mode.
Parents cannot read conversations. OpenAI says the controls
“no permiten leer ni supervisar”
teen chats; a safety notice shares only necessary information. Age prediction uses topics, usage hours and account age, and can apply the teen experience after an adult birth date. That version limits graphic violence, dangerous viral challenges, sexual or romantic roleplay and extreme diets, and carries no ads. A misclassified adult can verify through Persona by selfie or ID, deleted within seven days, OpenAI says.
Gemini
Gemini’s help requires 13 or
“o de la edad estipulada en tu país”
for personal or school accounts, and 18 for work. Spain requires 14 to manage a Google account. Google lets younger minors use Gemini via Family Link supervision, with extra filters such as stopping Gemini from claiming to be a person or have emotions.
But Google’s family guide says Gemini apps
“no están disponibles para cuentas supervisadas en el Espacio Económico Europeo, el Reino Unido o Suiza”
, closing that route for a Spanish child. Search AI Mode personalisation requires 18.
Claude
Anthropic’s consumer terms, effective 8 October 2025, require
“al menos 18 años o la edad mínima requerida para consentir el uso de los Servicios en tu ubicación, la que sea mayor”
. There is no teen mode or parental control because minors are not meant to be present.
Practical steps and outlook
Pick by real age, not account age. A Spanish minor under 14 cannot consent alone, and Gemini has no supervised accounts in Europe. For ChatGPT users aged 13–17, link accounts; quiet and study hours are OpenAI’s main levers, and chats stay hidden. Discuss what never to share. Google advises families to avoid address, school and family details, and to remember Gemini
“no es una persona”
.
Gaps remain. OpenAI offers teen controls but hides chats; Google supervises yet withholds Gemini in Europe; Anthropic bans minors and relies on age declarations. Spain considered raising the social-media age to 16, then let the bill expire. Protection rests more on household conversation than on a single setting.