Question 1

Does the Online Safety Act require age verification for all websites?

Accepted Answer

No. The Act applies to "regulated services" — user-to-user services and search engines that operate in the UK or are likely to be accessed by UK users. Static websites without user interaction are generally out of scope. Services exclusively accessed by adults with robust existing controls may qualify for reduced obligations.

Question 2

What is the difference between age verification and age estimation?

Accepted Answer

Age verification confirms identity against a document or verified data source (bank, mobile operator). Age estimation infers probable age from biometric signals (face scan) without requiring identity disclosure. Both are accepted under the Online Safety Act; age estimation is a supplementary method, not a standalone solution for the highest-risk content.

Question 3

How do I know if my service is "likely to be accessed by children"?

Accepted Answer

Ofcom applies a content and context test. If your service offers content not exclusively intended for adults, has no age-gating mechanism, or is marketed in a way likely to attract under-18s, it is presumed to be likely accessed by children. Services that can demonstrate exclusive adult intent and robust access controls may rebut this presumption.

Question 4

What data can an age verification provider retain?

Accepted Answer

Under UK GDPR, age verification providers may retain only the minimum data necessary for the verification purpose, for the minimum period necessary. In practice, this means the document image and extracted data should be deleted immediately after the verification token is issued. Retention for anti-fraud purposes requires a separate lawful basis.

Question 5

Are small platforms exempt from the Online Safety Act?

Accepted Answer

No categorical small business exemption exists, but Ofcom applies proportionality in its enforcement priorities. Category 2A and 2B services (based on user numbers and functionality) face stricter requirements. Services below the Category 2 thresholds still face the basic safety duties but are not subject to the most burdensome transparency reporting obligations.

Question 6

Is employment verification legally required in the UK?

Accepted Answer

The only legally required check for all UK hires is the right-to-work check under the Immigration Act 2014. All other employment verification (work history, qualifications, references) is not legally mandated for most roles, but is strongly recommended as good practice — and required by regulators for specific sectors such as financial services (FCA), healthcare (CQC), and education (DfE).

Question 7

Can I contact a candidate's current employer without their knowledge?

Accepted Answer

No. Contacting a candidate's current employer without their explicit consent is a serious breach of trust and could expose you to a claim under UK GDPR for unlawful data processing. Always obtain written consent before approaching any employer, and make clear in the consent form which employers you intend to contact.

Question 8

How long can I retain verification documents after the process is complete?

Accepted Answer

The ICO recommends retaining unsuccessful candidates' data for no longer than six months after the end of the recruitment process. For successful candidates, verification records become part of the employment file and should be retained for the duration of employment plus any statutory limitation period — typically six years for contractual claims. Consult your DPO or legal counsel for a retention schedule tailored to your organisation.

Question 9

What should I do if a verification check reveals a discrepancy?

Accepted Answer

Raise the discrepancy directly with the candidate and give them the opportunity to explain. Minor inconsistencies (slightly different job title wording across different documents) may have innocent explanations. Material misrepresentations (a degree that was never awarded, an employment period that cannot be confirmed) are grounds to withdraw a conditional offer or, post-hire, to consider disciplinary action. Always document the process and the outcome.

Question 10

What is the difference between employment verification and a DBS check?

Accepted Answer

Employment verification confirms the accuracy of a candidate's stated professional history. A Disclosure and Barring Service (DBS) check, by contrast, reveals criminal convictions, cautions, and (for enhanced checks) information held by local police. The two checks are entirely separate. DBS checks are only permissible for roles listed in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. For most office-based roles, a DBS check is not appropriate.

Guide

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