Are you marketing to children under 13? If yes, you need to follow COPPA (Children’s Online Privacy Protection Act) to protect kids’ personal data. Here’s a quick guide to get started:
- Parental Consent: Get verifiable parental consent before collecting personal information.
- Privacy Policy: Clearly explain how you handle data in a detailed privacy policy.
- Parental Rights: Allow parents to access, review, and delete their child’s information.
- Data Security: Use strong safeguards to protect collected data.
Does COPPA apply to you? Check:
- Is your content or marketing aimed at kids under 13? Look at visuals, language, and appeal.
- Do you collect personal data like names, addresses, or online identifiers?
Steps for compliance:
- Build systems for parental consent and data access.
- Audit third-party vendors to ensure they follow COPPA rules.
- Train your team on COPPA requirements and keep policies updated regularly.
Staying compliant isn’t a one-time task – it’s an ongoing process. Regular audits, training, and documentation are essential to protect children’s data and your business.
Protecting Children’s Privacy Under COPPA | Federal Trade …
Does COPPA Apply to Your Business?
To determine if COPPA applies to your business, you can use two straightforward checks. These criteria will help you figure out whether you need to comply with COPPA’s rules.
Target Audience Age Check
Examine whether your content or marketing efforts are directed at children under 13. Pay attention to factors like:
- The design and visuals of your website or app
- The language and vocabulary used
- Marketing and promotional materials
- Whether your product or service is appealing to children
- Features or content specifically tailored for a young audience
Types of Protected Information Collected
Review the types of data you collect to see if they fall under the definition of ‘personal information’ in COPPA. Examples include:
- Full names and contact details
- Physical addresses
- Online identifiers, such as cookies or IP addresses
- Geolocation data
- Photos, videos, or voice recordings
- Social Security numbers
- Persistent identifiers used to track activity across websites
COPPA Compliance Steps
Set up clear and easy-to-follow processes that allow parents to manage their children’s privacy rights effectively.
Parent Access Rights
- Create a simple and visible portal where parents can review the personal data collected about their child.
- Include one-click options for parents to delete or update their child’s information.
- Ensure confirmation of requests is sent and completed within 20 business days.
- Keep a detailed record of all actions, including timestamps, for audits and accountability.
These measures help meet COPPA’s requirements by giving parents control over their children’s online data.
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Third-Party Compliance
Once you’ve granted parental access rights, it’s crucial to hold your third-party partners to the same standards. Make sure your COPPA compliance efforts extend to all external vendors by setting clear expectations and actively monitoring their adherence.
How to Assess Vendors
Here’s a quick checklist to evaluate whether your third-party vendors align with COPPA requirements:
- Examine data collection and processing practices: Ensure their methods comply with COPPA guidelines.
- Evaluate security measures: Confirm they have strong safeguards in place to protect sensitive data.
- Check parental consent procedures: Verify that they properly handle obtaining and managing parental consent.
- Review data retention policies: Make sure they follow strict rules for storing and securely deleting data.
Security Expectations for Vendors
Establish firm security protocols for any third-party data handlers you work with. Key measures include:
- Data encryption: Ensure all data is encrypted during transfer and while stored.
- Access controls: Require robust authentication and limit who can access the data.
- Retention policies: Enforce limits on how long data is kept and require secure deletion processes.
Incorporate these rules into your contracts with marketing vendors and conduct quarterly reviews to ensure your system stays compliant.
Long-term Compliance Management
Staying compliant with COPPA is not a one-and-done task. It requires consistent effort and integration into daily operations. Regular reviews, employee training, and detailed documentation are key to keeping everything on track.
Policy Update Schedule
Set up a clear schedule for reviewing and updating your policies:
- Quarterly: Check consent mechanisms and data collection processes.
- Semi-annual: Review privacy policies and ensure vendors are compliant.
- Annual: Perform a full audit of systems and documentation.
Keep track of all changes using version control and a changelog to ensure transparency and accuracy.
Employee COPPA Training
Train your team on COPPA essentials and their specific responsibilities. Here’s how to keep them prepared:
- Provide COPPA training during onboarding.
- Hold periodic sessions to cover policy updates and enforcement practices.
- Conduct hands-on exercises, like parental consent processing simulations.
- Use assessments to confirm employees understand the material.
Regular training helps minimize mistakes and ensures your team stays updated on the latest rules.
Documentation Requirements
Keep detailed records to demonstrate your compliance efforts. Here’s what to document:
- Data Records: Logs of parental consent, children’s data, and verification methods.
- Policies & Training: Current and past privacy notices, internal guidelines, and proof of training completion.
- Audit Trail: Results of compliance reviews, incident reports with resolutions, and vendor assessments.
Store these records securely and organize them so they’re easy to access during inspections. Proper documentation not only supports compliance but also builds trust with stakeholders.
Summary
By following these steps, your marketing team can ensure compliance with COPPA regulations. Regularly audit data collection points, obtain proper parental consent, maintain clear privacy policies, and enforce vendor safeguards. Integrate these practices into your policy updates and training schedules to uphold strong data management and safeguard your brand’s reputation.
