📋 Tender Overview
The National Markets and Competition Commission (CNMC) has just published a summary of the contributions to the public consultation on the age verification systems used by video platforms in Spain to prevent minors from accessing harmful content ( INF/DTSA/329/23 ).
The CNMC, in accordance with the General Law of Audiovisual Communication, has the competence to assess that the systems used by video platforms established in Spain prevent minors under 18 years of age from accessing harmful content - pornography and free violence - when verifying the age of its users.
In the public consultation process, 35 contributions have been received from practically all agents related to this sector: user associations, media, audiovisual agents, providers of age verification systems, verifiers or video exchange platforms (PIV).
Content of the contributions
The public consultation was structured in the following blocks:
Scope of the access prohibition:
All responses agree that age verification systems (EVS) must cover both content and related advertising, since it also violates the rights of minors.
Regarding the type of platform that must have EVS, the vast majority (61.5%) understand that EVS must take precedence over pornographic content, regardless of whether it is hosted on a generalist or pornographic platform and that EVS must be applied before access content (65%), regardless of the type of platform.
Freedom in choosing age verification systems :
The majority of contributions (83%) argue that there should be several EVS and that the PIV choose which one to implement. This approach not only benefits the PIVs, which can choose the EVS that adapt to their business model, but also responds to the different needs of users (different degrees of technological knowledge, lack of an official document or reluctance to share it ).
Age verification systems available on the market:
The majority of agents opt for a remote or non-face-to-face verification (85%) and the two main options in the sector are:
Verification by identity document and contrast with photo ( selfie )
Age estimation by facial analysis.
Balance between systems suitability and data protection:
The majority believes that data protection is a determining element for the effectiveness of EVS. Anonymity in access to content has been highlighted by several agents and in line with this, the European digital wallet ( eIDAS2 ) has been highlighted as ideal for this process, since it allows validating only the age of majority without sharing more data.
On the other hand, a significant number of agents support the EVS proposal of the Spanish Data Protection Agency. While other agents maintain that facial estimation systems are suitable for this process.
Third parties that could carry out age verification :
92% prefer it to be a third independent entity. This option is based on the fact that there are already verification agents on the market that carry out this function safely, with respect to data protection and with transparency for the user. Furthermore, having a third party carry out the verification generates trust among users.
Auto and co-regulation tools:
81% understand that they can be a very useful instrument since it involves the involvement of the sector, allows greater flexibility and speed to adapt to changes, and can even contribute to the creation of standards. On the contrary, this system is perceived as slow to build.
