INDUSTRIES, MEDIA | AGCOM issues age verification rules

On 12 May 2025, the Italian Media Regulator (AGCOM) published Resolution No. 96/25/CONS, which approves the rules for online age verification, following the implementation of Law No. 159/2023 (Decreto Caivano). These rules apply to all video-sharing platforms and websites making pornographic content available in Italy, with the primary objective of protecting minors from online risks. Providers have six months from the date of publication to comply. The age verification system relies on certified, independent third parties and consist of a two-step identification and authentication process, which must be logically separate and repeated for each access session involving regulated services. In cases where the system is based on applications installed on the user’s device, an app (e.g., a digital identity wallet or similar tool) must be provided to generate and certify “proof of age”, usable across services requiring identification. Users can then identify themselves and submit proof of age directly to the visited site or platform using the app.

To ensure data protection and minimize the collection of personal information, the system incorporates a “double anonymity” mechanism. This ensures that age verification providers are unaware of which service the proof of age is being issued for, and that the platforms receiving it cannot access any identifying data about the user.

While adopting a technologically neutral approach, AGCOM has set out a series of mandatory principles for all age verification systems. These include proportionality, to balance between verification methods and users’ rights, personal data protection, cybersecurity, accuracy and effectiveness, accessibility and ease of use, inclusiveness and non-discrimination, user education and awareness, and effective complaint handling.

AGCOM reserves the right to amend or update the Resolution as needed to ensure alignment with EU standards, and notably with forthcoming guidelines from the European Commission.

Newsletter n. 107 – May 2025