Arcom Consultation on the Age Verification Framework: ADAN’s Response
On April 11, 2024, the French Regulatory Authority for Audiovisual and Digital Communication (ARCOM) published a public consultation regarding the draft guidelines aimed at establishing minimum technical requirements for age verification systems designed to restrict minors’ access to online pornographic content. As part of the March 1, 1994, prohibition under Article 227-24 of the Penal Code, this ban aims to protect young audiences from the risks associated with early exposure to sensitive content. It has been reinforced over the years by various laws and regulatory measures. The creation of this framework therefore represents a further step in regulatory efforts, ensuring that platforms distributing this type of content effectively comply with their obligations while using systems that respect users’ privacy.
In summary, Adan strongly supports the principles of privacy and confidentiality embedded in ARCOM’s draft framework. The association actively promotes innovative Web 3 solutions that not only meet regulatory requirements but go beyond them by minimizing the collection and retention of personal data, in accordance with European Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, known as the “GDPR.”
ADAN welcomes the initiative taken by the French Regulatory Authority for Audiovisual and Digital Communication to launch this public consultation. It is indeed appropriate that stakeholders deploying age verification solutions should be able to contribute their expertise to the discussion on the standards that will be established for these systems. The association’s objectives are to promote solutions that adequately meet the regulator’s goals, namely protecting minors while ensuring strict compliance with personal data protection regulations.
ADAN's response to the consultation is therefore structured around three main areas:
1. Recommends that the established framework enable online platforms to integrate cutting-edge Web 3 technologies such as zero-knowledge proofs (ZKPs).
2. Support the expansion of the framework to include other technical solutions, provided that they offer privacy and security safeguards that are comparable to or exceed those provided by Web 3 solutions—specifically, that they ensure user anonymity and the reliability of transmitted information without disclosing unnecessary or sensitive personal data.
3. Encourage the adoption of clear guidelines regarding the quality and independence of auditors of technical solutions and the frequency of audits, ensuring that the solutions are both compliant and economically viable for all stakeholders, including tech startups. The association recommends that audits not be excessively frequent or costly, to avoid penalizing innovative small and medium-sized enterprises.
