•Maintain procedures to ensure the confidentiality, security, and integrity of the personal information collected. Privacy Notice Under COPPA. Children’s websites must post privacy notices that describe “what information is collected from children by the operator, how the operator uses such information, and the operator’s disclosure practices for such information.” 15 U.S.C. § 6502(b(1 (A(i. Parental Consent - Opt-in Required. “Verifiable parental consent” is required for the collection, use, or disclosure of personal information from children. Websites cannot condition a child’s participation in a game or receipt of a prize or the disclosure of more information than is necessary to participate in any activity. 15 U.S.C. § 6502(b (1(C. Third-Party Ad Networks and Mobile Apps. The 2013 COPPA amendments now hold websites and mobile apps liable for collection by third party ad networks and plug-in providers for the absence of parental notice and consent. Third-party ad networks and third-party social plug- ins must also comply with COPPA if their operators have actual knowledge that such personal information is being collected from children. California Eraser Law. In 2015 a new law in California became effective that requires mobile app developers and website operators to allow anyone under the age of 18 to have certain information deleted from their records. Note that COPPA applies to children under 13. This so- called “eraser law” is discussed later in this Guide under California laws. Best Practices/Safe Harbor. The Children’s Advertising Review Unit (CARU, part of the Advertising Self-Regulatory Council (ASRC administered by the Better Business Bureau, was established to police children’s marketing and COPPA compliance. CARU has created a “safe harbor program” to give businesses specific guidelines and steps to follow to ensure compliance with FTC regulations. (See BBB National Programs).
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