Who Must Comply

Businesses, groups, and individuals that collect information from children must comply with COPPA. Two broad categories exist:

• Operators of commercial websites and online services “directed to children” that collect personal information from children
• Operators of general audience websites that have actual knowledge that the site collects personal information from children

The FTC weighs several factors in determining whether a site is directed to children:

• Subject matter
• Visual or audio content
• The age of models on the site
• Language
• Whether advertising on the site is directed to children
• Information regarding the age of the actual or intended audience
• Whether a site uses animated characters or other child-oriented features

The FTC determines whether someone is a web-site operator by considering the following:

• Ownership and control of the information.
• Payment for the collection and maintenance of information
• Pre-existing contractual relationships
• What role the website plays in collecting or maintaining information