E-commerce Age Verification Laws: Requirements for the UK & Europe

With the growth of e-commerce and the increasing number of online transactions for age-restricted products (such as alcohol, tobacco, fireworks, and video games), age verification rules are becoming stricter. Countries like the UK, the Netherlands, France, Italy, Spain, and Poland have introduced specific laws and guidelines to ensure that these products do not fall into the hands of minors.

For e-commerce businesses, it is essential to remain legally compliant and adhere to the relevant age verification regulations to avoid legal sanctions. This article discusses the legal requirements in these countries, based on the advice of legal experts in each country.

The United Kingdom

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General Legal Framework

The sale of age-restricted products such as alcohol, tobacco, and fireworks in the UK is regulated by the Licensing Act 2003 and other relevant legislation. The law requires effective age verification for both physical and online sales.

• Alcohol: The sale of alcohol to minors is prohibited under the Licensing Act 2003.
• Tobacco and E-cigarettes: The sale of tobacco products and nicotine inhalation devices to persons under 18 is prohibited under the Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015.
• Fireworks: The sale of fireworks to persons under 18 is prohibited under the Pyrotechnic Articles (Safety) Regulations 2015.

Age Verification Methods

Businesses in the UK must apply effective age verification methods:

• Photo ID check: Customers must upload a photo of their ID, which is then checked for age.
• Facial recognition technology: The customer’s age can be estimated using facial recognition technology.
• Age verification at delivery: Delivery services like Royal Mail and ParcelForce require the recipient to show an ID before the package is handed over.

Age Verification at Delivery

In addition to online verification during the purchase process, there is a strong emphasis on age verification at the delivery of products in the UK. This ensures that even if age is not correctly verified online, an additional check is performed at the actual delivery. Several delivery services offer such checks:

• Royal Mail: Requires an adult’s signature for the delivery of certain age-restricted products, such as alcohol and knives. The courier also checks the recipient's ID.
• ParcelForce Worldwide: Offers an age verification service at delivery. The courier verifies the recipient's age using a valid ID.
• Evri (formerly Hermes): Evri offers innovative solutions for age verification at delivery, verifying the recipient’s age before handing over the package.

Inadequate Methods

Some methods are considered insufficient and do not meet the legal requirements in the UK. These methods often provide insufficient certainty and can easily be bypassed by minors:

• Self-declaration: This involves the user declaring they are over 18 by checking a box or entering a birth year. This method is not sufficient because there is no actual age check.
• General disclaimer: A statement such as “By purchasing this product, you declare that you are 18 or older” is not adequate as the sole measure.
• Credit card verification: Although using a credit card is sometimes considered age verification, it is unreliable, as minors under 18 may also have access to certain payment methods, such as debit cards.

Unlike the UK, where these methods are not considered sufficient, self-declaration or simple date of birth verification is often used in Spain without additional checks such as requiring an ID upload. While this approach is common in Spain, it does not meet the UK's strict legal standards for age verification.

Enforcement and Legal Sanctions

Enforcement of age verification legislation in the UK falls under Trading Standards. Companies that violate the law risk heavy fines. A recent example is a £20,000 fine for a company that sold a kitchen knife to a minor.

Legal Risks and Best Practices

Businesses can reduce the risk of legal sanctions by:

• Using reliable age verification technologies.
• Collaborating with delivery services that offer ID verification at delivery.
• Conducting regular compliance audits to ensure they meet legal requirements.

The Netherlands

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General Legal Framework

Age-restricted products fall under the Tobacco and Smoking Products Act and the Alcohol Act. As of January 1, 2024, the online sale of tobacco products is prohibited. The Alcohol Act requires strict age verification for online purchases. For fireworks, age restrictions apply depending on the type of fireworks (12, 16, or 18 years). This legislation is strictly enforced to ensure that age-restricted products are not sold to minors.

Age Verification Methods

To comply with legal age verification requirements, e-commerce businesses in the Netherlands must use effective methods:

• Pop-up banners: These display a confirmation screen where users must declare that they are 18 years or older before continuing to shop.
• Date of birth verification: During the purchase process, customers must enter their date of birth. If the age is below the legal limit, the purchase is blocked.
• Additional verification at checkout: For added security, businesses can perform a final verification of the date of birth before the transaction is completed.

Age Verification at Delivery

PostNL offers an ID verification service upon delivery of age-restricted products. The delivery driver checks the identity and age of the recipient through a valid ID. This verification provides an additional layer of protection to ensure compliance with regulations.

Enforcement and Legal Sanctions

The Netherlands Food and Consumer Product Safety Authority (NVWA) is responsible for enforcing age verification laws. According to the NVWA, inspections reveal that in 39% of cases, compliance rules for online alcohol sales are not followed correctly. Non-compliance can result in fines and legal sanctions, including the temporary revocation of the sales license.

Legal Risks and Best Practices

E-commerce businesses in the Netherlands face significant legal risks if they do not comply with the regulations. Legal experts recommend the following to avoid sanctions:

• Integrate reliable age verification technologies.
• Collaborate with delivery services that offer ID checks upon delivery.
• Conduct regular audits and compliance checks to ensure that age verification methods remain up to date.

France

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General Legal Framework

The sale of age-restricted products such as alcohol, tobacco, and fireworks is strictly regulated under the Public Health Code and other relevant legislation. The sale of alcohol to minors is prohibited under Article L3342-1, and the online sale of tobacco products is entirely prohibited under Article L3512-12.

Age Verification Methods

French companies are legally required to apply multiple layers of age verification:

• Age declaration: Customers must confirm their age during registration or when placing an order, but this method is often not sufficient for sensitive products.
• ID verification: For alcohol and fireworks, businesses may require customers to upload an ID to confirm their age.
• Age verification at delivery: Delivery services like Colissimo and Chronopost offer age verification, where the delivery driver asks for an ID at the time of delivery of age-restricted products.

Postal and Delivery Services in France

French postal and delivery services play a crucial role in ensuring compliance with laws for age-restricted products. Handing over products such as alcohol and fireworks requires delivery services to conduct strict verifications, especially when delivering to individuals. The main delivery services in France that perform these checks are:

• Colissimo and Chronopost: These delivery services offer explicit age verification services for sensitive deliveries. For the delivery of products such as alcohol and fireworks, the courier must verify the recipient's age via a valid ID.
• DHL and UPS: International delivery services such as DHL and UPS also offer age verification options in France. UPS, for example, provides the "Adult Signature Required" service, where a signature from an adult is required.

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Enforcement and Legal Sanctions

The DGCCRF (Directorate-General for Competition, Consumer Affairs, and Fraud Control) is responsible for enforcing age verification legislation in France. Non-compliance can lead to legal sanctions such as fines of up to €7,500 for individual offenders and even higher fines for businesses. In case of repeated violations, businesses may lose their sales licenses.

Legal Risks and Best Practices

Companies in France face significant legal risks if they do not comply with age verification laws. Companies can mitigate these risks by:

• Using automated verification tools to check identity documents automatically.
• Collaborating with delivery services that offer ID verification upon delivery.
• Conducting regular compliance audits to ensure they meet current legislation.

Italy

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General Legal Framework

The sale of age-restricted products such as alcohol, tobacco, and fireworks is strictly regulated in Italy. The law requires businesses to verify the age of the customer when selling these products:

• Alcohol: The sale of alcohol to persons under 18 is prohibited under Law 125/2001.
• Tobacco: The sale of tobacco products to minors is prohibited under Law 189/2012.
• Fireworks: The sale of fireworks is regulated under Legislative Decree 123/2015, with age limits ranging from 14 to 18 years depending on the type of fireworks.

Age Verification Methods

Businesses must use effective methods to verify the age of customers:

• Age declaration: Customers must confirm their age at purchase or registration. However, this is not always sufficient for high-risk products like fireworks.
• Document verification: For high-risk products such as alcohol or fireworks, businesses may ask for an identity document.
• Digital Services Act: As of February 2024, the DSA requires online platforms to take additional measures to protect minors.

Postal and Delivery Services in Italy

To comply with legal requirements, Italian delivery services can perform additional checks when delivering age-restricted products. Popular delivery options include:

• FedEx: Requires an adult's signature at the delivery address, where the recipient must show a valid ID if necessary. If the recipient does not meet the age requirement, the order will not be delivered.
• SDA: The Italian delivery service offers age verification options for sensitive deliveries such as alcohol and fireworks.

Enforcement and Legal Sanctions

The Italian AGCOM enforces compliance with age verification laws. Businesses that fail to comply may face legal sanctions such as fines or the revocation of their sales licenses for age-restricted products.

Legal Risks and Best Practices

Companies in Italy that do not comply with the legislation face significant legal risks. Businesses are adviced to:

• Use ID verification technologies for accurate age checks.
• Collaborate with delivery services that offer age verification upon delivery.
• Use the Codice Fiscale as an additional verification tool for the customer’s age during the ordering process.

Spain

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General Legal Framework

Spain has strict rules for the sale of alcohol, fireworks, and tobacco. While the sale of alcohol and fireworks is permitted under certain conditions, the online sale of tobacco products is prohibited under Law 28/2005.

• Alcohol: The sale of alcohol to persons under 18 is prohibited and regulated by regional legislation.
• Tobacco: The online sale of tobacco is prohibited, and tobacco products may only be sold through authorized physical outlets.
• Fireworks: The sale of fireworks is allowed, but different age limits apply depending on the category of fireworks. F1 fireworks can be sold to persons aged 12 and older, while F3 and F4 are only available to persons aged 18 and older.

Age Verification Methods

In Spain, age verification methods are as follows:

• Self-declaration: The customer declares during the purchase process that they meet the minimum age requirement. However, this often needs to be supplemented with stricter verification methods.
• ID verification at pickup: When picking up fireworks, the customer may be required to show an ID to verify their age.

Postal and Delivery Services in Spain

To comply with legal requirements in Spain, delivery services can perform additional checks when delivering age-restricted products. Common delivery options include:

• Correos: As Spain’s national postal service, Correos offers age verification upon delivery. This service ensures that age-restricted products are only handed over to individuals who meet the minimum age requirement by checking their ID.
• FedEx: FedEx requires an adult signature at the delivery address. If the age requirement is not met, the order is not delivered.
• DHL: DHL offers an extensive service where age verification is performed before the package is handed over. The recipient must show a valid ID to confirm that they meet the legal age requirements.

Enforcement and Legal Sanctions

Compliance with age verification legislation in Spain is monitored by regional authorities. Violations can result in fines and the revocation of licenses to sell age-restricted products.

Legal Risks and Best Practices

Companies operating in Spain face significant legal risks if they do not comply with the legislation. Businesses can minimize these risks by:

• Collaborating with delivery services that offer age verification.
• Conducting regular compliance audits to ensure they meet all legal requirements.

Poland

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General Legal Framework

Poland has strict rules for the sale of age-restricted products such as alcohol, tobacco, and fireworks. The sale of these products to minors is prohibited under national legislation, and businesses must use effective age verification systems to remain legally compliant.

• Alcohol: The sale of alcohol to minors under the age of 18 is prohibited.
• Tobacco and E-cigarettes: The sale of tobacco and nicotine products to minors is prohibited.
• Fireworks: The sale of fireworks depends on the age of the buyer. F1 fireworks can be sold to persons aged 12 and older, while heavier categories are only available to adults.

Age Verification Methods

Businesses in Poland must use effective methods for age verification:

• Checkbox verification: The customer must check a box to confirm that they are older than the legal minimum age.
• ID verification at delivery: Delivery services such as DHL and Packeta offer age verification at the time of delivery of age-restricted products.

Postal and Delivery Services in Poland

Polish postal and delivery services play an important role in enforcing age verification rules. Many services offer additional verification services:

• DHL: Offers age verification, where the courier asks for an ID to confirm the recipient's age before handing over the package.
• Packeta: This company offers similar services, where the courier checks and records the recipient's age.

Enforcement and Legal Sanctions

The Polish Trade Inspection and the Office of Competition and Consumer Protection (UOKiK) actively monitor compliance with age verification legislation. Non-compliance can result in heavy fines and even the revocation of sales licenses.

Legal Risks and Best Practices

Businesses can minimize legal risks by:

• Collaborating with delivery services that offer age verification upon delivery.
• Implementing advanced verification technologies to ensure they comply with the law.

Conclusion

Selling age-restricted products in e-commerce requires compliance with complex legislation that varies by country. Legal experts from the Netherlands, France, Italy, Spain, Poland, and the United Kingdom emphasize that businesses must use effective age verification tools to remain legally compliant and avoid legal sanctions. It is essential to understand and implement the different laws in each country, including working with delivery services that offer age verification at delivery, and regularly conducting compliance audits.