The proposed amendments are expansive and would significantly affect how companies comply with the Children’s Online Privacy Protection Act.

By Jennifer C. Archie, Marissa R. Boynton, Michael H. Rubin, Gabriela Aroca Montaner, Samantha M. Laufer, and Molly Whitman

Key Points:

  • The proposed amendments, which clarify or expand many of the COPPA Rule’s existing provisions, would be the first updates to the Rule in over a decade and would formalize recent FTC guidance and enforcement in the COPPA space.
  • Key modifications include revisions to the definitions of “personal information” and “a website or online service directed to children”; mandates for separate, stand-alone parental consent for the disclosure of children’s data to third parties; new mechanisms for obtaining verifiable parental consent; additional data security requirements; and additional guidance regarding data retention.

On December 20, 2023, the Federal Trade Commission (FTC or Commission) issued a Notice of Proposed Rulemaking (Notice) recommending amendments to the Children’s Online Privacy Protection Rule (COPPA Rule or Rule).

The FTC last updated the COPPA Rule more than 10 years ago, in 2013, to account for changes in the ways children use and access the Internet (the 2013 Amendments). The Notice incorporates feedback received in response to the Commission’s 2019 request for comment on the effectiveness of the 2013 Amendments in creating “stronger protections for children,” as well as the FTC’s own enforcement experience over the last several years.

Once the FTC formally publishes the Notice in the Federal Register, it will open an additional 60-day public comment period, after which it will finalize and publish the amended regulations.

Learn more in this Client Alert.