On June 9, 2021, the French Supervisory Authority (“CNIL”) published recommendations to help strengthen the protection of minors online (see here, in French).  These recommendations are the result of a survey and public consultation conducted by the CNIL in 2020, which focused on the digital practices of minors (see our blog post here).  The results of the CNIL’s survey and public consultation indicate that children are accessing the Internet at an early age on a “massive” scale.  In light of this reality, the CNIL underscores the importance of ensuring that minors benefit from the effective protection of their personal data when engaging online.
Continue Reading French CNIL Publishes Recommendations for Protecting Minors Online

On December 18, 2020, the Irish Data Protection Commission (“DPC”) published its draft Fundamentals for a Child-Oriented Approach to Data Processing (the “Fundamentals”). The Fundamentals introduce child-specific data protection principles and measures, which are designed to protect children against data processing risks when they access services, both online and off-line. The DPC notes that all organizations collecting and processing children’s data should comply with the Fundamentals. The Fundamentals are open for public consultation until March 31, 2021.

Continue Reading Irish DPC publishes draft Fundamentals for a Child-Oriented Approach to Data Processing

On 10 September 2020, the European Commission proposed an interim regulation designed to enable online communications service providers to combat child sexual abuse online. Once in force, this regulation will provide a legal basis for providers to voluntarily scan communications or traffic data on their services for the limited purpose of detecting child sexual abuse material online.

Continue Reading European Commission Proposes Interim Regulation to Combat Child Sexual Abuse Online

On March 5, Senators Ed Markey (D-MA) and Richard Blumenthal (D-CT) introduced the Kids Internet Design and Safety (KIDS) Act.  The bill, which covers online platforms directed to children and teenagers under 16 years old, aims to curb the time spent by these minors on such platforms and could dramatically affect advertising and influencer content on kids’ channels.

The bill would prohibit platforms directed to minors from implementing features that encourage users to spend more time online, such as “auto-play” settings that automatically load a new video once the selected one finishes playing, push alerts that encourage users to engage with the platform, and the display of positive feedback received from other users.  It would also ban badges or other visual incentives and rewards based on engagement with the platform.

Additionally, the KIDS Act would prohibit platforms from recommending or amplifying certain content involving sexual, violent, or other adult material, including gambling or “other dangerous, abusive, exploitative, or wholly commercial content.”  The bill would require the implementation of a mechanism for users to report suspected violations of content requirements.
Continue Reading New Bill Seeks to Impose Design Restrictions on Kids’ Online Content and Marketing

On May 31, 2019, the Cyberspace Administration of China (“CAC”) released the draft Regulation on the Protection of Children’s Personal Information Online (“Draft Regulation”) for public comment. (An official Chinese version is available here and an unofficial English translation of the Draft Regulation is available here.) The comment period ends on June 30, 2019.

As mentioned in our last blog post (available here), CAC issued the draft Measures for Data Security Management (“Draft Measures”) just last week, which set out the general regulatory framework that will govern the collection and use of personal information by network operators (broadly defined as “owners and managers of networks, as well as network service providers”). The release of this new Draft Regulation demonstrates CAC’s intention to set out more stringent requirements for network operators if they collect, store, use, transfer or disclose the personal information of minors under 14 years old. We discuss the key requirements of the Draft Regulation in a greater detail below.


Continue Reading CAC Releases Draft Regulation on the Protection of Children’s Personal Information Online

Earlier this month, the UK’s Information Commissioner’s Office published a draft code of practice (“Code”) on designing online services for children. The Code  is now open for public consultation until May 31, 2019. The Code sets out 16 standards of “age appropriate design” with which online service providers should comply when designing online services (such as apps, connected toys, social media platforms, online games, educational websites and streaming services) that children under the age of 18 are likely to access. The standards are based on data protection law principles, and are legally enforceable under the GDPR and UK Data Protection Act 2018. The Code also provides further guidance on collecting consent from children and the legal basis for processing children’s personal data (see Annex A and B of the Code). The Code should be read in conjunction with the ICO’s current guidance on children and the GDPR.
Continue Reading ICO issues draft code of practice on designing online services for children

The Article 29 Working Party (WP29) has published long-awaited draft guidance on transparency and consent under the General Data Protection Regulation (“GDPR”).  We are continuing to analyze the lengthy guidance documents, but wanted to highlight some immediate reactions and aspects of the guidance that we think will be of interest to clients and other readers of InsidePrivacy.  The draft guidance is open for consultation until 23 January 2018.

Continue Reading EU Regulators Provide Guidance on Notice and Consent under GDPR

Earlier this week, the Federal Trade Commission and Department of Education announced plans to hold a joint workshop on the application of the Children’s Online Privacy Protection Act (“COPPA”) and the Family Educational Rights and Privacy Act (“FERPA”) to educational technology products and services in the K-12 school environment.  In advance of the workshop, the FTC and Department of Education are soliciting comments on several key questions regarding COPPA and FERPA compliance for educational technology providers.  This is a valuable opportunity for Ed Tech providers to provide feedback to both agencies on the practical application of COPPA and FERPA in this arena.

Continue Reading FTC and Department of Education Announce Joint Workshop on FERPA and COPPA Compliance for Ed Tech

A European Parliament policy department has released a report, entitled Big Data and Smart Devices and Their Impact on Privacy, that criticizes the lack of focus on privacy and data protection in the European Commission’s “Digital Single Market” policy agenda, noting a “conflicting” intersection between the Commission’s Digital Single Market objectives and the EU’s efforts, now in their hopefully final stages, to reform the EU’s general legislation around the protection of personal information.
Continue Reading EU Parliament Policy Report Takes Dim View of EU Commission’s “Pro-Market” Policies on Big Data and Smart Devices