Understanding COPPA Compliance and Requirements for Children's Privacy
Implemented in 2000, the Children's Online Privacy Protection Rule (COPPA) applies to websites or online service operators—including apps, games, online social networks, VOIP services, IoT devices, and ad services—that knowingly collect, use, or disclose personal information from or about children under 13. Nonprofit entities engaged in non-commercial activities are exempt from complying with COPPA.
Numerous factors determine, on a case-by-case basis, if a website or online service is aimed at children. The Federal Trade Commission (FTC) considers multiple indicators when making this determination:
Subject Matter
Visual Content
Animated Characters
Music & Audio Content
Age of Models
Celebrity Appeal
Language & Characteristics
Advertising Content
Audience Composition
Websites or online service operators must comply with comprehensive privacy protection requirements when collecting information from children under 13. The following obligations are mandatory:
Provide Notice - Operators must provide notice on their website or online service concerning the information they collect from children, how it is used, and their disclosure practices. Regulations include specific requirements for different types of notices, such as direct notice to parents and notices on the site.
Post Privacy Policies - Operators must post clear and comprehensive online privacy policies detailing their practices for collecting, using, and disclosing personal information from children.
Obtain Parental Consent - Before collecting children's information, operators must directly notify parents and obtain their verifiable consent. Some exceptions apply for prior parental consent in specific circumstances.
Give Parents Control - Operators must give parents the option to consent to the collection and internal use of the child's information while prohibiting unnecessary disclosure to third parties.
Provide Access and Deletion Rights - Operators must give parents access to their child's collected personal information and the ability to delete it.
Allow Opt-Out - Operators must give parents the option to prevent further use or online collection of their child's personal information.
Maintain Security - Operators must maintain confidentiality, security, and integrity of personal information collected from children, including ensuring that third parties to whom they disclose such information can also maintain the same level of privacy and security.
Secure Deletion - Operators must delete personal information collected from children in a manner that protects against unauthorized access or use.
Limited Retention - Operators must retain personal information collected from children only as long as is necessary to fulfill its intended purpose.
Minimize Data Collection - Operators must ensure that a child's participation in an online activity is not conditioned on them providing more information than reasonably required for that activity.
Congress enacted COPPA in 1998, requiring the FTC to enforce corresponding children's online privacy regulations. The original COPPA Rule took effect in 2000. The FTC updated the Rule in January 2013, with the revised rule taking effect in July of the same year. This update expanded the definition of personal information and strengthened protections for children's privacy in the digital age.
The FTC treats COPPA violations like violations of FTC rules. Courts can impose significant penalties based on the specifics of each case:
Courts can impose penalties of up to $51,744 per violation, depending on the specifics of each case. COPPA also grants enforcement authority to states and certain federal agencies, meaning violations can result in actions from multiple jurisdictions.
Obtain verifiable parental consent before collecting personal information from children under 13.
Maintain confidentiality, security, and integrity of personal information collected from children.
Post clear and comprehensive online privacy policies detailing collection, use, and disclosure practices.
Provide parents with access, deletion rights, and the ability to opt-out of data collection.
EdgeAble.ai can help your organization meet COPPA compliance requirements through our comprehensive privacy and accessibility solutions. Let's work together to ensure your website protects children's privacy while maintaining accessibility standards.
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