The US Federal Trade Commission (‘FTC’) enforces the Children’s Online Privacy Protection Act of 1998 (‘COPPA’), which sets forth what operators of websites and apps must do to protect the online privacy and safety of children under 13 years of age. Richard B. Newman, Attorney at Hinch Newman LLP, provides a breakdown of the requirements under COPPA and what entities must know in order to lawfully collect the personal information of children. / read more

By the time this issue of Data Protection Leader is in print, the Data Protection Bill 2017 (‘the Bill’) will have nearly finished its passage through the House of Lords. It seems likely that it will receive Royal Assent sometime in April 2018. Ruth Boardman and Emma Drake, Partner and Associate at Bird & Bird LLP respectively, provide a summary of the Bill (useful for those put off by its 203-page length and complexity), highlight some of the areas of uncertainty and debate, and set out what comes next. / read more

The Standards for Personal Data Protection for the Ibero-American States (‘the Standards’) were approved, on 20 June 2017, at the XV Ibero-American Meeting on Data Protection organised by the Ibero-American Network of Data Protection Authorities (‘RIPD’) and the Chilean Transparency Council. Isabel Davara and Alexis Cervantes, Partners at Davara Abogados S.C., provide an overview of the key themes of the Standards to offer insight into the new data protection framework they set out, how and why they were created, and what is expected of them. / read more

2015 has kicked off in an exciting fashion on the privacy legislation front, as the hot topic over the past month has been the announcement of a comprehensive package of privacy and data security legislation for the United States of America (US). Brian Davidson and Samantha Sayers, Privacy & Information Advisor and Trainee respectively at Fieldfisher, explore the recent package of privacy reforms and assess the likelihood of legislation being passed. / read more

After an extensive rulemaking that began in the spring of 2010, the Federal Trade Commission (FTC) adopted changes to its rules implementing the Children’s Online Privacy Protection Act (COPPA) that became effective 1 July 2013. COPPA applies both to websites and online services (including apps) directed to children under 13 and to general audience websites and online services with actual knowledge that they are collecting information from children under 13. As a result, COPPA applies to businesses that may not initially recognise they are covered. In response to numerous comments, the FTC modified some aspects of the original proposed rule that made compliance with the final COPPA rule somewhat easier for the business community. Nevertheless, a bit more than a year after the final COPPA rule took effect, questions remain. / read more

The Federal Trade Commission (FTC) updated, on 16 July 2014, the frequently asked questions (‘FAQs’) on the Children’s Online Privacy Protection Act 1998 (COPPA), with particular focus on mobile apps and verifiable parental consent (‘VPC’). / read more

On 27 September 2011 and 6 August 2012, the Federal Trade Commission (FTC) issued proposed rule changes to the Children's Online Privacy Protection Act (COPPA) and its implementing Rule. The proposed Rule changes were the result of an extensive review by the FTC that began in April 2010, 'in light of the rapid-fire pace of technological change' that had occurred since the FTC's last review in 2005. The FTC specifically noted 'an explosion in children's use of mobile devices, the proliferation of online social networking and interactive gaming'. In part two of this feature, Andrew Serwin, Partner and Founding Chair of the Privacy, Security & Information Management Practice at Foley & Lardner LLP, and Tammy Boggs, Associate at Foley & Lardner LLP, explore the implications of the FTC's modifications. / read more

On 27 September 2011 and 6 August 2012, the Federal Trade Commission (FTC) issued proposed rule changes to the Children’s Online Privacy Protection Act (COPPA) and its implementing Rule1. The proposed Rule changes were the result of an extensive review by the FTC that began in April 2010, ‘in light of the rapid-fire pace of technological change’ that had occurred since the FTC’s last review in 20052. The FTC specifically noted ‘an explosion in children’s use of mobile devices, the proliferation of online social networking and interactive gaming’3. Andrew Serwin, Partner and the founding chair of the Privacy, Security & Information Management Practice at Foley & Lardner LLP, and Tammy Boggs, Associate at Foley & Lardner LLP, explore the implications of the FTC’s modifications. / read more

Recent developments in government enforcement of the Children's Online Privacy Protection Act (COPPA)¹ illustrate the expanding reach of the law to mobile applications, and a variety of other online services. Recently, proposed amendments to COPPA regulations suggest that the law will continue to expand in its reach and obligations, presenting fresh challenges to all online content providers. In US v W3 Innovations, LLC, the Federal Trade Commission (FTC) recently obtained a consent order against a mobile application developer ordering the company to pay $50,000 because it had violated COPPA. Martin L. Stern, Daniel H. Royalty and Samuel R. Castic, Lawyers of K&L Gates, list out the COPPA requirements, and examine the FTC decision in light of those. / read more

The Federal Trade Commission (FTC) put forward a draft proposal to amend the Children's Online Privacy Protection Act (COPPA) on 15 September 2011, proposing that the definition of 'personal data' be modified to include geo-location services and certain types of persistent identifiers used for functions other than websites' internal operations. / read more