5 February 2008

Some online retailers already have procedures in place to ensure that they are only selling their goods to consumers of the correct age, MP Margaret Moran calls for a change in the law to enforce all online retailers to introduce tougher age verification procedures.

The proposed change in the law aims to prevent underage consumers from purchasing alcohol, cigarettes or pornography for example, online. Although methods can be installed to monitor who is buying what in an attempt to limit underage consumers buying restricted products, retailers must realise that these are not always effective.

There is also concern that there is a lack of resources available to authorise to police the issue. For example, in the US, the police have long been attempting to monitor the increasing popularity of online gambling. Directors of gambling companies have been arrested, pressure was put on credit card companies that processed payments for gambling websites, and sites that advertised online gambling have been sued.

Partner at international law firm Eversheds, Jonathan Armstrong, comments:

Restricting the sale of online products to minors is a very hard process to manage, unless customs start opening up every package coming in from abroad. Products such as alcohol and cigarettes for example, can often be purchased from foreign countries where age restrictions can vary.

Currently, many retailers rely on consumers self-certifying that they are over 18 by ticking a box, and in some cases, retailers re-test this by asking the date of birth during the transaction and cross-checking the information. Jonathan continues:

Responsible retailers are always looking at the risks involved with selling these products online. One solution is to encourage offline verification of online purchases. This can include picking up bought products in store and verifying age on arrival, or even encouraging purchasers to set up an online account in store which enables the purchase of restricted goods online. For retailers who have a presence on the high street this shouldn’t be too big a problem but for those who solely operate online, a proper risk analysis will always be necessary to show that the retailer has acted responsibly to avoid prosecution.


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