Double Verification of Online Age on pornographic websites accessible in France: Mandatory Since 11 January

Since 11 January 2025, pornographic platforms accessible in France must adhere to new legal age verification requirements. This obligation arises from the enactment of the law on securing and regulating the digital space (SREN, see our previous article here), marking a significant milestone in safeguarding minors in the digital realm.

On 11 October 2024, ARCOM, in consultation with the CNIL, published a technical reference outlining age verification standards. Pornographic websites were granted a three-month period to comply with these requirements. As of 11 January 2025, companies failing to meet these obligations face penalties, including potential site blocking.

The Principle of ‘Double Anonymity’ to Ensure Confidentiality 

Users of adult websites must now provide verifiable proof of their majority before accessing content. Practically, upon connection, users undergo an identity check via an external platform that subsequently transmits age verification data to the pornographic site. This double anonymity system ensures that the site knows the user’s age without identifying them, while the external service provider knows the user’s identity without being aware of the site visited.

Service providers can verify age using various methods, including submitting an identity document, a photo, or a video selfie. Artificial intelligence will analyze these submissions, comparing them with identification criteria to estimate the user’s age.

This approach has sparked concerns, particularly regarding personal data protection, given the risks associated with potential data leaks or misuse.

Stronger Oversight and Concrete Penalties 

Several pornographic platforms have already faced penalties or compliance orders under threat of site blocking by ARCOM (Autorité de Régulation de la Communication Audiovisuelle et Numérique, the French regulatory authority for audiovisual and digital communication).

Article 227-24 of the French Criminal Code provides the basis for initiating blocking procedures, which may be triggered by ARCOM or court referral. However, immediate enforcement for all non-compliant sites remains improbable due to procedural delays in identifying and blocking sites, coupled with the persistent challenge of mirror sites.

Limited Territorial Scope 

Numerous sites may evade these measures, as the regulations apply only to sites hosted in France or outside the European Union. For platforms based in other European countries, France awaits guidance from the Court of Justice of the European Union.

Temporary Tolerance

A grace period has been extended until 11 April 2025 for sites utilizing bankcard identification. However, these platforms must subsequently implement age verification solutions that ensure ‘double anonymity.’

A Potential Standard for All Online Platforms? 

This development raises the question: could this new age verification method become a universal standard for online platforms? If adapted solutions for ‘double anonymity’ are successfully implemented for pornographic sites, might similar measures be extended to other services requiring restricted access to protect young users?