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COPPA requires that you give parents direct notice of your information practices before collecting information from their kids. In addition, if you make a material change to the practices parents previously agreed to, you have to send an updated direct notice. The notice should be clear and easy to read.
At the federal level, COPPA violations are considered to be unfair or deceptive trade practices under § 5 of the Federal Trade Commission Act, and the FTC can impose civil penalties for its violation.
The FTC has asserted that COPPA applies to any online service that is directed to U.S. users or knowingly collects information from children in the U.S., regardless of its country of origin.
Determine if your website or online service is covered by COPPA.Post a COPPA-compliant privacy policy.Notify parents directly about your information practices before collecting the information.Get parental consent.Honoring parents' ongoing rights.
On July 22, 2008, the 3rd U.S. Circuit Court of Appeals upheld the 2007 decision. On January 21, 2009, the United States Supreme Court refused to hear appeals of the lower court decision, effectively shutting down the law.
Determine if your website or online service is covered by COPPA.Post a COPPA-compliant privacy policy.Notify parents directly about your information practices before collecting the information.Get parental consent.Honoring parents' ongoing rights.
COPPA imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age.
Among other things, COPPA requires commercial website operators and online services to: Obtain verifiable consent from the children's parents before collecting, using, or disclosing children's information (subject to certain limited exceptions).
What are the possible penalties for violating COPPA? The Rule allows for civil penalties of up to $42,530 per violation, but the FTC considers a number of factors in determining the appropriate amount, including a company's financial condition and the impact a penalty could have on its ability to stay in business.