Children's Online Privacy Protection Rule: Not Just for Kids' Sites
April 2013
The Federal Trade Commission (“FTC”) issued guidance on the Children's Online Privacy Protection Rule (“COPPA”), which emphasizes the importance of parental control over the information that websites collect from children under 13. While many operators of child-directed websites are aware of their COPPA obligations, the guidance highlights that businesses targeting general audiences or providing third-party services (like ad networks or plug-ins) may also have compliance responsibilities if they collect information from children.
Enacted by Congress, COPPA aims to protect children's online privacy by requiring operators to obtain verifiable parental consent before collecting personal information from children under 13. The FTC revised the Rule effective July 1, 2013.
Compliance Requirements. Websites must post clear privacy policies. They must provide direct notice to parents about their data collection practices. They must obtain verifiable consent from parents before collecting children's personal information.
Who is Covered. COPPA applies to operators of websites specifically directed at children under 13. It also applies to general audience sites that have "actual knowledge" of collecting personal information from children. Third-party services, such as ad networks, must comply if they collect data from users of child-directed sites.
Operators are considered to have "actual knowledge" of a user's age if they collect information that reveals the user's age, such as through registration forms or age-related questions. This applies not only to the site owner but also to third-party services informed about the child-directed nature of a site.
While sites targeted at a general audience are not required to investigate users' ages, collecting any age-related information triggers COPPA compliance obligations.
Overall, the guidance underscores that COPPA's protections extend beyond just children's websites, impacting a broad range of online services that may inadvertently collect data from minors. Businesses are encouraged to review their practices to ensure compliance with COPPA's requirements.
For more information, see here: https://www.ftc.gov/tips-advice/business-center/guidance/childrens-online-privacy-protection-rule-not-just-kids-sites
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