COPPA

Children’s Online Privacy Protection Act:  A law that applies to companies collecting information on children under 13.   This law spells out when a company is required to seek parental approval to collect information and what the company is required to do to protect the children’s safety and privacy, if the company does not

The law deems minors (persons under 18) as incapable of forming contracts, and so agreements entered into by minors are unenforceable. In other words, minors are not legally bound by the terms their agreements.  Agreements with minors are unenforceable, not illegal. In other words, adults who contract with minors do so at their own peril because the law excuses minors who don’t follow through on their obligations. The law does not excuse adults who remain bound on their contractual obligations with minors.

So, e.g., a car dealer selling to a minor (with no co-signer) is at risk of losing the entire value of the car if the minor defaults, but conversely, the dealer cannot back out of the deal upon discovering the buyer is a minor.

Websites collecting children’s information:

Must comply if they knowingly collect information on children.  This is why the terms of service in many websites do not allow for 13 and under to sign up.

Must not track personal information  or hobbies of  those 13 and under without parental consent.

Must post privacy notice on their home page, the link must be clear and prominent.

Must state identify operators that collect information of the children.

Must state the kinds of information collected (names, addresses, hobbies).

Must Explain how they use the information.

Must explain how third parties will use this information (what kind of business they are in).

At any time a parent may revoke the right of an operator to use this information and request the operator to delete the file.

For more information visit www.coppa.org