Complying with COPPA And Sometimes Asked Concerns

Unfortuitously, the FTC cannot offer an impression on whether a particular website or service is directed to kiddies. In the event that you continue steadily to have questions regarding whether your articles is directed to children, think about calling a legal professional or consulting one of several COPPA secure Harbor programs – self-regulatory teams that provide help with just how operators can adhere to what the law states.

4. We operate an app that is child-directed. I would really like to display display screen users in order that We have only to have consent that is parental kids under age 13, perhaps maybe not from everybody else whom makes use of the application. Could I?

This will depend. Because of its really nature, more often than not, a webpage or online service (such as for example an software) directed to young ones must treat all visitors as kids and supply COPPA’s defenses to every such visitor. This means when it comes to many part, a webpage or online service directed to young ones may not screen users for age.

Nonetheless, the Rule offers an exception that is narrow a website or solution which may be directed to young ones underneath the criteria established in FAQ D.1 above, but that will not target young ones as the main market (sometimes known as “mixed audience”). In case the web web site or solution goals kiddies under age 13, but kiddies under 13 aren’t your main market (age.g., your website additionally targets grownups or older teenagers), it is possible to make the most of this exclusion. You are able to implement an age display screen; for users whom suggest these are generally kids under 13, you are able to make sure you can obtain verifiable parental consent that you do not collect personal information from those users, or. You will need to stress that the audience that is“mixed category is just a subset associated with “directed to children” category, and a broad market web web web site will not become “mixed audience” simply because some kiddies make use of the web web site or service.

An operator of a niche site or service conference this standard may age-screen its users as under age 13 without first complying with the Rule’s notice and parental consent provisions if it: (1) does not collect personal information from any visitor prior to collecting age information, and (2) prevents the collection, use, or disclosure of personal information from visitors who identify themselves. See 16 C.F.R. § 312.2 (meaning of “Web site or service that is online to young ones,” paragraph (3)). Remember unlike a broad market site or solution, as an operator of a web site or online solution directed to young ones, may very well not block kids from taking part in the internet site or service that is online.

5. Just just just What proof would i have to show whether kiddies under age 13 are or are not the principal market for my web site or service that is online?

The likely audience for your website or online service as the operator, you should carefully analyze who your intended audience is, the actual audience, and in many instances. For making these determinations, you have to keep in mind the facets for the “Web website or online solution directed to children” found in paragraph (1) of 16 C.F.R. § 312.2. See FAQ D.1 and D.3 above. You can also get an improved feeling of your internet site or service once it is often in procedure, and may even have to make some modifications correctly.

6. I operate a niche site it is acceptable to age-screen users because children are not the primary audience (i.e., “mixed audience”) that I believe may fall within the FTC’s sub-category of a website directed to children but where. Could I age-screen and entirely block users who identify to be under age 13 from participating back at my web web web site?

No. Then you may age screen your users, but you may not block children from participating altogether if your site is “mixed audience” (i.e., it falls within the definition of a “Web site or online service directed to children” as set forth in paragraph (3) of 16 C.F.R. В§ 312.2. Rather, the Rule allows you to utilize an age display screen to be able to distinguish between users under age 13 along with other users. You might choose to provide different tasks, or functions, to your users based upon age, you may well not gather information that is personal from users who’ve suggested these are typically under 13 without very very first obtaining verifiable parental permission.