FTC Released a Guide - Complying with COPPA: Frequently Asked Questions (July 2020)

COMPLYING WITH COPPA: FREQUENTLY ASKED QUESTIONS

A GUIDE FOR BUSINESS AND PARENTS AND SMALL ENTITY COMPLIANCE GUIDE

July 2020

The Federal Trade Commission (“FTC”) has provided a guide addressing frequently asked questions about compliance with the Children’s Online Privacy Protection Act (“COPPA”), aimed at helping businesses, parents, and small entities understand their responsibilities under the law. This document reflects the FTC staff’s interpretations and is designed to complement existing compliance materials found on the FTC website. It is not legally binding but serves as a small entity compliance guide under the Small Business Regulatory Enforcement Fairness Act.

The guide covers a variety of topics related to COPPA, including general inquiries about the rule, enforcement practices, and the requirements for privacy policies and direct notices to parents. It clarifies how the rule applies to websites and online services that target children, as well as those with mixed audiences. Importantly, it discusses the role of third parties, such as advertising networks and plug-ins, in collecting personal information on child-directed sites.

Additional sections address specific concerns, such as the handling of photos, videos, and audio recordings, and the collection of geolocation data. The guide also explains the implications of COPPA for general audience sites, the process for obtaining verifiable parental consent, and exceptions to the consent requirement. It emphasizes parents' rights to access their children's personal information and details the conditions under which information can be disclosed to third parties. Furthermore, the guide advises on the necessity to limit information collection and outlines the relationship between COPPA and schools, along with the existence of COPPA safe harbor programs that offer compliance assurances.

Overall, this guidance aims to facilitate understanding of COPPA’s provisions, ensuring that both businesses and parents are aware of their rights and obligations in protecting children's online privacy.

 

For more information, see here:  https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions-0

 

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