§6.1.3.1 Age verification
37. In the following circumstances, in view of the fact that the protection of minors constitutes an important policy objective of the Union to which Regulation (EU) 2022/2065 gives an expression, as reflected in its Recital 71, the Commission considers the use of access restrictions supported by age verification methods an appropriate and proportionate measure to ensure a high level of privacy, safety, and security of minors: (a) Where certain products or services pose a high risk to minors and those risks cannot be mitigated by less restrictive measures, considering applicable Union and national laws, such as by way of example: (i) the sale of alcohol, tobacco or nicotine-related products, drugs, (ii) access to any type of pornographic content, (iii) access to gambling content. (b) Where, due to identified risks to minors, the terms and conditions or any other contractual obligations of the service require a user to be 18 years or older to access the service even if there is no formal age requirement established by law. (c) Any other circumstances in which the provider of an online platform accessible to minors has identified risks to minors' privacy, safety, or security, including content, conduct and consumer risks as well as contact risks (e.g., arising from features such as live chat, image/video sharing, anonymous messaging), where these risks cannot be mitigated by other less intrusive measures as effectively as by access restrictions supported by age verification (36). (d) Where Union or national law, in compliance with Union law, prescribes a minimum age to access certain products or services offered and/or displayed in any way on an online platform, including specifically defined categories of online social media services (37). 38. Age estimation methods can complement age verification technologies and can be used in addition to the former, or as temporary alternative in particular in cases where verification measures that respect the criteria of effectiveness of age assurance solutions outlined in Section 6.1.4, with particular emphasis on protecting users’ right to privacy and data protection as well as accuracy, are not yet readily available. This transitory period should not extend beyond the first review of these guidelines (38). For example, platforms offering adult-restricted content may use ex ante age estimation methods if they can prove that such methods are comparable to those of age verification, in respect of the criteria set out in Section 6.1.4, in the absence of effective age verification measures (39). The Commission may in due course supplement the present guidelines with a technical analysis on the main existing methods of age estimation that are currently available in view of the criteria outlined in Section 6.1.4.
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Source: EUR-Lex (Cellar) · retrieved 2026-09-07