What is COPPA?
The Children's Online Privacy Protection Act (COPPA) is a United States federal law enacted to protect the privacy of children under the age of 13. It imposes certain requirements on operators of websites or online services directed to children, or those that knowingly collect personal information from children.
Why is COPPA Important in Email Marketing?
In the context of
email marketing, COPPA compliance is critical because it regulates how marketers can collect, use, and disclose personal information from children under 13. Non-compliance can lead to substantial fines and damage to a company's reputation.
Who Needs to Comply with COPPA?
COPPA applies to operators of commercial websites and online services, including mobile apps, that are directed to children under 13 and collect personal information from them. It also applies to operators of general audience websites or online services with actual knowledge that they collect, use, or disclose personal information from children under 13.
What Constitutes Personal Information Under COPPA?
Personal information under COPPA includes a wide range of data such as a child's name, address, online contact information (like an email address), telephone number, Social Security number, and any other information that permits the physical or online contacting of a specific individual. It also includes persistent identifiers like cookies or IP addresses that can recognize users over time and across different websites or online services.
What Steps Should Email Marketers Take to Comply with COPPA?
1.
Post a Privacy Policy: Ensure that your website has a clear and comprehensive
privacy policy that explains your information practices for children.
2.
Parental Consent: Obtain verifiable
parental consent before collecting, using, or disclosing personal information from children under 13. Methods can include obtaining consent via email coupled with additional steps to ensure the person providing consent is the parent.
3. Data Minimization: Collect only the information necessary for the activity. Avoid collecting unnecessary personal data from children.
4. Direct Notices to Parents: Send a direct notice to parents outlining your data collection practices and how they can review or delete their child's information.
5. Security Measures: Implement reasonable security measures to protect the confidentiality, security, and integrity of the personal information collected from children.
6. Regular Audits: Conduct regular audits of your data collection and usage practices to ensure ongoing compliance with COPPA.
What Happens if You Violate COPPA?
Violations of COPPA can lead to severe consequences, including civil penalties of up to $43,280 per violation. Additionally, non-compliance can lead to negative publicity and loss of consumer trust, which can be detrimental to your brand.
Examples of COPPA-Compliant Practices in Email Marketing
1. Age Gating: Before collecting any personal information, set up an age-gating mechanism to determine the user’s age. If the user is under 13, block the data collection process.
2. Educational Content: Create a section of your website or app that is specifically designed for children but does not collect any personal information unless parental consent is obtained.
3. Parental Controls: Offer parents control over their child's information by providing options to review, delete, and manage their child's data.
Conclusion
Achieving
COPPA compliance in email marketing is not just a legal requirement but also an ethical obligation to protect children’s privacy. By understanding and implementing the necessary steps, marketers can ensure they build trust with parents while avoiding legal repercussions. Regularly update your knowledge and practices to stay compliant as regulations evolve.