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Regulation

Children’s Online Privacy Protection Act (COPPA)

COPPA provides federal-level protection over children’s online safety in the US by prohibiting any unfair or deceptive acts or practices in connection with the collection, use, and/or disclosure of the personal information of children under the age of 13 on the Internet. COPPA is implemented through a regulation enacted by the Federal Trade Commission (FTC), known as the COPPA Rule.

Are you subject to COPPA?

COPPA applies to operators of commercial websites and online services directed to children under the age of 13 that collect, use, or disclose the personal information of children. It also applies to general audience websites or online services with actual knowledge that they are collecting, using, or disclosing the personal information of children.

Key obligations

Transparency

Organizations must post a clear and comprehensive online privacy policy describing what information is collected from children, how it is used, and the disclosure practices for such information.

Verifiable parental consent

Organizations must provide a direct notice to parents and obtain their verifiable consent prior to any collection, use and/or disclosure of personal information from children.

Parental control

Organizations must give parents access to their child’s personal information to review and/or have it deleted, and give parents the opportunity to prevent further use or online collection of their child’s personal information.

Fair collection practices

A child’s participation in a game or other online activity may not be conditioned on the child disclosing more personal information than is reasonably necessary to participate in such activity.

Template

Key Considerations for Protecting Data of Children and Minors

FAQs

  • Does COPPA apply to teens?

    COPPA only applies to the personal information of children under the age of 13, and does not apply to the collection of personal information of individuals over the age of 13, including teens and adults.

  • What types of online services does COPPA apply to?

    The term “online services” broadly covers any service available over the Internet, including those that allow users to play network-connected games, engage with social media, and purchase goods or services online, as well as mobile apps that connect to the Internet, connected toys, and voice assistants.

  • How can I obtain verifiable parental consent?

    Methods to obtain verifiable parental consent must be reasonably calculated, in light of available technology, to ensure the person giving consent is the child’s parent. Existing acceptable methods include a signed consent form, via toll-free telephone number, via video-conference, and verification of a parent’s government-issued ID.

The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials presented are for general informational purposes only.

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