COPPA & GLB
Our attorneys are also well versed on the requirements of the Children’s Online Privacy Protection Act (COPPA) and the Gramm-Leach-Bliley Act (GLB). Many of our clients manufacture products for children, as well provide television programming and Internet content to kids. This background has given us a broad range of experience with COPPA and its requirements. Alternatively, we also have many clients who offer financial services via the Internet, and in brick and mortar locations. As such, we routinely counsel clients on GLB notification requirements.
What’s the News?
The Federal Trade Commission (FTC) recently clarified that its jurisdiction under the Children’s Online Privacy Protection Act (COPPA) does not extend to information collected by state governments or most nonprofits in connection with online educational testing. The FTC reiterated that the primary goal of COPPA is to protect children’s privacy with respect to the online collection of personal information by commercial entities.
What’s the News?
TRUSTe, Inc., a major provider of privacy certifications for online businesses, recently settled with the Federal Trade Commission (FTC) over charges that it has been engaging in deceptive business practices. The FTC alleged that TRUSTe was misrepresenting the frequency of its recertification reviews of participating businesses, as well as its own corporate status. News of the settlement serves as a reminder to online businesses of the need to ensure compliance with applicable privacy laws and industry best practices.
Recent revisions to Federal Trade Commission (FTC) compliance materials offer new clarity on the Children’s Online Privacy Protection Act (COPPA) Rule and provide businesses with several new tools to consider as they determine how to comply with the Rule’s requirements. The revisions to the COPPA “Frequently Asked Questions” document should make it easier for businesses to obtain “verifiable” consent from parents, as is required before a website collects personal information from children under the age of 13.
The Federal Trade Commission (FTC) has recently approved the kidSAFE Seal Program’s kidSAFE+ seal as a safe harbor program through which companies can demonstrate compliance with the Children’s Online Privacy Protection Act (COPPA) Rule.
The Federal Trade Commission (FTC) recently approved a new method for obtaining verifiable parental consent that could make it easier for companies to comply with the Children’s Online Privacy Protection Act (COPPA) Rule. The COPPA Rule applies to websites that are “targeted” at children under the age of 13 and websites that have “actual knowledge” that they are collecting personal information directly from users of another website or online service directed to children (covered websites).
Already one of the strictest states in the country when it comes to protecting online privacy, California recently passed another law that may require website operators to change their privacy policies. The new law would essentially be an insurance policy against youthful bad judgment, allowing minors to erase those embarrassing public comments or internet posts that could make for awkward conversation with a future admissions officer or employer.
ABOUT ARENT FOX LLP
Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.