Recall that, no matter if or not you use a prevalent consent mechanism to help in providing discover and getting consent, as the operator you are liable for making sure that the detect properly and absolutely reflects your information and facts assortment methods and that the consent mechanism is fairly created to reach the parent. 14. Can I apply to the FTC for pre-approval of a new consent system?Yes. The amended Rule offers a mechanism for interested get-togethers to file a prepared ask for for Commission acceptance of parental consent approaches not at the moment enumerated in sixteen C. F. R. § 312. five(b).
See sixteen C. F. R. § 312. twelve(a). 15. I would like to apply to the FTC for approval of a new system of parental consent that I have created, check-my-ip.co but I am worried about getting my trade techniques publicly posted.
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Is there a way to avoid this?The Commission acknowledged this problem in the 2012 Statement of Basis and Reason, noting that, «just as the Fee has completed for COPPA risk-free harbor applicants, it would permit all those entities that voluntarily seek acceptance of consent mechanisms to seek private remedy for these parts of their applications that they believe warrant trade solution safety. In the function an applicant is not cozy with the Commission’s dedication as to which components will be positioned on the public history, it will be no cost to withdraw the proposal from the approval process. » See seventy eight Fed.
Reg. 16. I operate an application keep, and would like to help application developers that work on my platform by furnishing a verifiable parental consent mechanism for them to use. Beneath what circumstances will this expose me to legal responsibility below COPPA?Because you are not an «operator» less than COPPA in this circumstance, you will not be liable less than COPPA for failing to look into the privacy procedures of the operators for whom you get hold of consent. As the Commission said in the Assertion of Foundation and Purpose accompanying the remaining COPPA Rule, the phrase «operator» is not meant to encompass platforms, «such as Google Enjoy or the Application Store, when these shops basically offer the community accessibility to an individual else’s youngster-directed content material. » At the exact time, you should really also assess your opportunity liability beneath Section 5 of the FTC Act. For instance, it could be a deceptive observe to misrepresent the stage of oversight you supply for a youngster-directed app. I.
EXCEPTIONS TO PRIOR PARENTAL CONSENT. 1. I want to have a contest on my child-directed internet site. Can I use the Rule’s «one-time get hold of» exception to prior parental consent?Yes, if you thoroughly style your contest.
You may use the «one time speak to» exception if you acquire kid’s on the internet get in touch with information and facts, and only this details, to enter them in the contest, and then only make contact with this sort of children when when the contest ends to notify them if they have received or missing. At that issue, you will have to delete the on-line get in touch with information you have gathered. If, on the other hand, you assume to make contact with the kids extra than just one time, you must use the «many-get in touch with» exception, for which you will have to also acquire a parent’s on line call information and facts and present dad and mom with immediate notice of your facts procedures and an opportunity to choose out.