What is the Children's Online Privacy Protection Act (COPPA)?
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Children's Online Privacy Protection Act (COPPA) is a U.S. federal law enacted to protect the privacy of children under 13 years of age. The primary objective of COPPA is to give parents control over what information is collected from their young children online. The Federal Trade Commission (FTC) enforces this rule, which covers a wide range of online activities, including
email marketing.
How Does COPPA Affect Email Marketing?
COPPA has significant implications for email marketers. If your business or service targets children under 13 or collects information from them, you must comply with COPPA regulations. This includes obtaining verifiable parental consent before collecting any personal information from children, providing a clear and comprehensive privacy policy, and ensuring the security and confidentiality of the data collected.
What Constitutes Personal Information Under COPPA?
Under COPPA, personal information includes but is not limited to:
Full name
Home address
Online contact information (such as an email address)
Screen names or user names
Telephone number
Social Security number
Geolocation data
Photos, videos, or audio files containing a child's image or voice
Understanding this definition can help email marketers identify what data falls under COPPA's jurisdiction and ensure compliance.
How to Obtain Verifiable Parental Consent
Providing a consent form to be signed by the parent and returned via mail, fax, or electronic scan
Requiring a parent to use a credit card, debit card, or another online payment system that provides notification of each discrete transaction
Having a parent call a toll-free number staffed by trained personnel
Using a video conference or similar technology to verify the parent's identity
Verifying a parent's identity by checking a form of government-issued ID
Creating a COPPA-Compliant Privacy Policy
What information is being collected from children
How the information is being used
Whether the information is shared with third parties, and if so, who those third parties are
Parental rights regarding their child's information, such as reviewing, deleting, or refusing further collection of their child's data
Ensuring Data Security
Data security is another critical aspect of COPPA compliance. Email marketers must take reasonable measures to protect the confidentiality, security, and integrity of the personal information collected from children. This includes using secure servers, employing encryption technologies, and regularly auditing security practices.
Penalties for Non-Compliance
Non-compliance with COPPA can result in severe penalties, including substantial fines and legal actions. The FTC has the authority to levy fines up to $43,280 per violation. These penalties can accumulate quickly, making it financially disastrous for companies that fail to comply. Therefore, it is crucial for email marketers to understand and adhere to COPPA requirements.
Best Practices for COPPA Compliance in Email Marketing
To ensure your email marketing practices comply with COPPA, consider the following best practices:
Conduct regular audits of your data collection practices to ensure compliance
Train your staff on COPPA regulations and the importance of protecting children's privacy
Implement robust data security measures
Maintain clear and accessible privacy policies
Keep records of parental consents obtained
By adhering to these best practices, you can minimize the risk of non-compliance and protect the privacy of young users.