Children's Online Privacy Protection Act (COPPA)

Our transatlantic team will be hosting a practical webinar looking at the significant proposed changes in the protection of children online. The webinar will look at the current trends across Europe and the US to provide insights on changes that could impact your business in the year ahead. Please click here to find out more

Last week, the Federal Trade Commission (“FTC”) announced it is seeking public comment on the effectiveness of amendments made by the agency in 2013 to the Children’s Online Privacy Protection (“COPPA”) Rule, and whether additional changes are needed. In connection with this initiative, the FTC will hold a public workshop on October 7, 2019.

COPPA

Last month, the Federal Trade Commission (“FTC”), in response to a complaint filed by Electronic Privacy Information Center (“EPIC”) and other consumer groups, made the decision to review the potential privacy and security concerns associated with electronic, internet-capable children’s toys, namely My Friend Kayla and i-Que Robot, designed by Genesis Toys and Nuance Communications.

EPIC

Yelp recently settled allegations made by the FTC that it violated the Children’s Online Privacy Protection Act (COPPA) Rule, and has agreed to pay a $450,000 civil penalty for the violation, according to an FTC press release. The Yelp case underscores that online services that ask for users’ ages in the registration process will be deemed as having “actual knowledge” of that information. Therefore, whether a site is directed to children or not, a registration process including an age field effectively turns the process into an “age filter,” and may put the site at risk of violating COPPA.
Continue Reading Latest FTC Settlement Determines Yelp Had ‘Actual Knowledge’ of Collecting Children’s Info

It’s now been almost a month since the revised COPPA Rule went into effect July 1, 2013. Earlier this year, the FTC issued new guidance on how to comply with the revised Rule. As part of its new guidance, the FTC provided a detailed set of FAQs.

The FTC is planning to make additional revisions to their FAQs, with these revisions focusing on the obligations of ad networks. Specifically, the FTC explains in what circumstances an ad network is deemed to have “actual knowledge” that it has collected personal information from users of a child-directed site (see D.10, D.11, D.12), and the obligations of ad networks after they discover that they have been collecting personal information via a child-directed website (see K.2). The revised FAQs also relates traditional enforcement policy to the context of a button within an app that automatically opens an email program or social network. Providing the facility for a child to share personal information is just as problematic as if the operator was collecting that information itself. Thus, verifiable parental consent is required when permitting children to share content that may contain personal information – such as a painting combined with a field that allows for free expression.
Continue Reading FTC Issues New COPPA Guidance Focusing on Ad Networks

FTC Chairman Leibowitz has followed though on his commitment to finalize the new COPPA rule by the end of the year. Earlier today, at a press conference, the Chairman, alongside Senator Jay Rockefeller, announced the agency’s update to the rule. The new rule expands the application of the rule to new categories of “personal information”

Apparently, a lot of people want to know, according to the Federal Trade Commission Chairman Jon Leibowitz and Jeff Chester, Executive Director of the Center for Digital Democracy. To learn more why, read our Global Regulatory Enforcement Law Blog covering the latest complaint filed against a mobile game-maker for alleged COPPA violations.
Continue Reading Do you know where your children are?

No need to fret over Thanksgiving! The Federal Trade Commission has extended until December 23, 2011, the deadline for the public to submit comments on proposed amendments to the Children’s Online Privacy Protection Rule. That’s good news because the revisions are significant and include the demise of the flexible "sliding scale" approach that permitted operators

From the proposed changes to COPPA to the latest developments in the area of self-regulation of food marketing to children, the CARU conference to be held Wednesday, October 5, 2011 in New York City will be one of the best places not only to learn the details but also to interact with leaders in the