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
