National Law Review: FTC to Discuss Children’s Privacy, Endorsement Guides at Next (Virtual) Open Commission Meeting: May 19, 2022, 1PM ET

May 19, 2022

COPPA requires certain websites, apps, and online services that are child-oriented (including digital assets that may be attractive to children) or knowingly collect the personal information of children to notify and obtain the consent of a child’s parent or legal guardian before collecting, using, or disclosing personal information from children under 13. Last year, the FTC voted to approve a series of resolutions directed at key enforcement areas, including children’s privacy, allowing the FTC to expeditiously investigate allegations of harmful conduct directed at children under 18. The FTC enforces COPPA at the federal level.  As we have seen from recent enforcement actions, COPPA is an agency focus.  State attorneys general also have jurisdiction to enforce COPPA, meaning private entities are subject to potential scrutiny at both the federal and state levels for alleged COPPA violations. In addition to these government agencies, there are also non-profits that have a focus on children’s privacy, such as the Electronic Privacy Information Center (EPIC), that lobby for increased COPPA enforcement, and self-regulatory organizations, such as the Children’s Advertising Review Unit (CARU), which as the nation’s first Safe Harbor Program under COPPA promotes responsible advertising to children. Thus, this is an area of heightened scrutiny and businesses should be aware of the various requirements relating to children’s privacy and advertising.

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