Attorneys Recommend New COPPA Compliance Despite Uncertainty
Companies should review the FTC’s new child privacy rules, even if the Trump administration is planning to alter what the Biden administration attempted to finalize, compliance attorneys at Akin Gump said Monday.
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Under President Donald Trump’s regulatory freeze (see 2501230053), FTC Chairman Andrew Ferguson can reopen for public comment the Biden administration’s final rule on the Children’s Online Privacy Protection Act, attorneys said: This could mean changes to the COPPA rule or postponement of its effective date. The final rule hasn’t been published in the Federal Register, so it’s subject to Trump’s executive order.
Akin highlighted several key changes under the final rule, including a requirement that companies obtain “separate verifiable parental consent before disclosing children’s online activity to third parties for targeted ads.” The final rule includes expanded definitions for personal information, with a new scope covering biometric data and government-issuers identifiers like passport numbers, state ID cards and birth certificates.
Akin noted a new requirement for companies to provide direct notice to parents when requesting consent for collecting or using a minor’s personal information. The new rule allows parents to consent to the collection of child data without consenting to third-party sharing unless the sharing is integral to the platform's operation.