15 U.S.C. §§ 6501–6506 Pub. L. 105–277, Title XIII Enacted 21 Oct 1998 Rule eff. 21 Apr 2000 · 16 CFR 312 2025 Amendments · eff. 23 Jun 2025

The federal law that decided children's data deserves a different rulebook.

A consent-based regime for any commercial website or online service that knowingly collects personal information from children under 13. Eight statutory sections; one Rule that turns them into operating procedure.

< 13years
The age threshold · § 1302(1)
4duties
Operator obligations · § 1303(b)(1)
5exceptions
When consent isn't required
$53,088
Maximum civil penalty per violation (2025)
§ 01 · Coverage

Two doors into the regime.

An operator falls under COPPA in one of two ways. Either the service is directed to children as a matter of audience, or the operator has actual knowledge that a particular user is a child. Either trigger is enough.

Door 1 · Audience-based

The service is directed to children

A commercial website or online service, or a portion of one, that is targeted to children under 13. The FTC applies a multi-factor test:

  • Subject matter, visual content, language
  • Use of animated characters or child-oriented activities and incentives
  • Music or other audio content; presence of child celebrities
  • Advertising that targets children
  • Empirical evidence of audience composition
  • Marketing materials, third-party reviews, age of users on similar services (added 2025)
§ 1302(10) · 16 CFR 312.2 · 90 Fed. Reg. 16918 (Apr 22, 2025)
Door 2 · Knowledge-based

You actually know the user is a child

Even on a general-audience platform, the moment an operator obtains actual knowledge it is collecting personal information from a child, the full COPPA regime attaches to that data.

"Actual knowledge" is fact-specific. Self-declared birth date, parent communications, reports from teachers, and obvious indicators in user content can all establish it. Wilful blindness will not insulate an operator from liability.

THIRD-PARTY OPERATORS

Ad networks, plugins, and SDKs embedded in a child-directed service inherit the same obligations. The 2025 amendments make third-party data-sharing a separately consented act.

§ 1303(a)(1) · 16 CFR 312.3 · 312.5(a)(2) (sep. consent for third-party disclosure, 2025)
§ 02 · § 1302(8) + 16 CFR 312.2

What counts as personal information.

The statute named seven categories in 1998. The Rule and its amendments have steadily expanded the perimeter to include biometric and government identifiers were added in 2025. If your system touches any of these for a child under 13, COPPA is in play.

A

First & last name

Real-world identification of the child. A first name alone is generally not PI; a last name combined with other identifiers is.

B

Physical address

A home or other physical address including street name and the name of a city or town. Sufficient to contact or locate.

C

Email address

Or any "online contact information" (a substantially similar identifier that permits direct contact with a person online).

D

Telephone number

Direct line of voice or text contact. Treated identically to email for the purposes of the consent and access regime.

E

Social Security number

The original statute called this out specifically. The Rule extends it to any government-issued identifier (added 2025).

F

Persistent identifier

Cookies, IP addresses, device IDs, processor or device serial numbers: anything that recognises a user over time and across services.

G

Geolocation

Geolocation information sufficient to identify street name and city or town. Both precise and approximate locations qualify.

H

Photos, videos & audio

A photograph, video, or audio file containing a child's image or voice. Even a frame in a livestream counts.

I

Screen / user name

If the screen name or user name functions in the same manner as online contact information (i.e., it enables direct contact), it is PI.

NEW

Biometric identifiers

Fingerprints, handprints, retina or iris patterns, voiceprints, facial templates, gait, and DNA-derived identifiers used for automated recognition.

NEW

Government-issued ID

Driver's license, passport, state ID, birth certificate numbers, added in the 2025 amendments to capture modern verification practices.

+

Combined-with-identifier rule

Information about the child or parents (even otherwise non-identifying data) collected online and combined with any identifier above becomes PI. § 1302(8)(G).

§ 03 · § 1303(b)(1)

Four operator duties.

The statute reduces the entire COPPA compliance regime to four obligations on operators. Each one maps directly onto an implementing section in 16 CFR Part 312. Get all four right and you're substantively compliant.

I
§ 1303(b)(1)(A)(i)

Notice

Provide on the service a clear notice of what personal information is collected, how it is used, and the operator's disclosure practices. A direct notice must also reach parents before any collection.

Rule: 16 CFR 312.4
II
§ 1303(b)(1)(A)(ii)

Verifiable parental consent

Obtain consent from a parent, by a method reasonably designed to ensure the person consenting is the parent, before any collection, use, or disclosure of personal information.

Rule: 16 CFR 312.5
III
§ 1303(b)(1)(B)

Parental rights

On request and after proper identification, give a parent (i) a description of PI collected, (ii) the opportunity to refuse further use, and (iii) a reasonable means to obtain the actual data. Plus § 1303(b)(1)(C): no conditioning a child's participation on collecting more PI than is reasonably necessary.

Rule: 16 CFR 312.6 & 312.7
IV
§ 1303(b)(1)(D)

Security & retention

Establish reasonable procedures to protect the confidentiality, security, and integrity of PI. The 2025 amendments harden this into a written information security program and a published retention policy.

Rule: 16 CFR 312.8 & 312.10
§ 05 · § 1303(b)(2) + 16 CFR 312.5(c)

Five times consent is not required.

The statute carves out narrow exceptions where collection of online contact information is permissible without verifiable parental consent. Each is bounded; read each one carefully before relying on it.

§ 1303(b)(2)(A)

One-time response

Online contact information used only to respond directly on a one-time basis to a specific request from the child, then not retained, not used to recontact, and not maintained in retrievable form.

e.g. answering a homework question
§ 1303(b)(2)(B)

Getting parental consent

The name or online contact information of a parent or child collected for the sole purpose of obtaining parental consent or providing the COPPA notice, and discarded if consent isn't obtained within a reasonable time.

the parent-finder bootstrap
§ 1303(b)(2)(C)

Multiple-response request

Responding more than once directly to a specific request, but the parent must be notified of the contact information collected and given the chance to opt out before further responses.

e.g. an email-based newsletter the child requested
§ 1303(b)(2)(D)

Child safety

Name and online contact information collected to the extent reasonably necessary to protect the safety of a child participant, used only for that purpose, not disclosed on the site, with parent notice.

e.g. preventing a child from re-creating a banned account
§ 1303(b)(2)(E)

Security, legal & law enforcement

Collection, use, or disclosure necessary to protect the security or integrity of the site, take precautions against liability, respond to judicial process, or assist law enforcement on matters of public safety.

defensive operations
16 CFR 312.5(c)(7)

Support for internal operations

A persistent identifier collected solely to support the internal operations of the service: authentication, fraud prevention, content delivery, network communications. 2025: additional notice now required and behavioural-advertising uses are out of scope.

Rule-level exception, not statutory
§ 06 · The statute itself

Architecture: §§ 1301–1308, mapped.

COPPA is short. Eight sections do everything. Tap any block to see what that section does and where its provisions surface in the implementing FTC Rule.

Click any block to inspect
§ 1301
Title
§ 1302
Definitions
§ 1303
Operator duties
§ 1304
Safe harbours
§ 1305
State actions
§ 1306
Enforcement
§ 1307
Review
§ 1308
Effective date
§ 07 · §§ 1304 – 1306

Who can come after you.

COPPA is enforced through a layered architecture: the FTC at the centre, fifty State Attorneys General as parens patriae plaintiffs, sectoral regulators for industries the FTC doesn't cover, and self-regulatory Safe Harbour programs that operators can opt into for deemed compliance.

Federal Trade Commission

The primary enforcement authority. Treats COPPA Rule violations as unfair or deceptive acts under § 5 of the FTC Act.

  • Civil penalties up to $53,088 per violation
  • Injunctive and equitable relief
  • Promulgates and amends the Rule
  • Approves Safe Harbour programs
§ 1303(c) · § 1306 · 15 U.S.C. § 57a(a)(1)(B)

State Attorneys General

As parens patriae for state residents, may sue in federal district court when an operator's practices threaten state residents.

  • Injunctions and compliance orders
  • Damages, restitution, other relief
  • Notice to FTC required pre-filing
  • FTC may intervene
§ 1305(a)–(b)

Sectoral regulators

For entities outside the FTC's general jurisdiction, enforcement runs through the agency that regulates the sector.

  • OCC, FRB, FDIC for banks
  • NCUA for federal credit unions
  • DOT for air carriers
  • USDA for meat/poultry under Packers & Stockyards Act
§ 1306(b)

Safe Harbour programs

FTC-approved self-regulatory programs that grant operators a presumption of compliance. The 2025 amendments tightened transparency rules.

  • PRIVO, ESRB, kidSAFE, iKeepSafe
  • TRUSTe and CARU among others
  • Annual reports to FTC required
  • Public membership lists now mandated
§ 1304 · 16 CFR 312.11
§ 08 · The price of getting it wrong

Per violation. And every record is one.

Civil penalties under COPPA are assessed under § 5(m)(1)(A) of the FTC Act, adjusted annually for inflation. Critically, the FTC and courts have treated each affected child's record as a separate violation, pushing total exposure into the eight and nine figures for large platforms.

$53,088
Max per violation · effective 17 Jan 2025

Adjusted annually under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The 2024 figure was $51,744; the 2025 multiplier of 1.02598 brings it to $53,088.

In practice, the FTC negotiates lump-sum settlements that reflect the per-record arithmetic plus disgorgement, deletion orders, and ongoing compliance monitoring.

$520M
Epic Games / Fortnite
Combined COPPA + dark-patterns settlement. $275M attributed to COPPA, the largest in the statute's history.
2022
$170M
YouTube / Google
Channels directed to children collected persistent identifiers without parental consent.
2019
$20M
Cognosphere (Genshin Impact)
Collected children's data without notice or consent; failed to act on knowledge of underage users.
Jan 2025
$10M
Disney
Allowed third-party data collection from children watching child-directed YouTube videos without consent.
Sept 2025
§ 09 · § 1308 + Rule history

From 1998 to compliance day in 2026.

COPPA was enacted in October 1998 and became enforceable in April 2000. The FTC has updated the implementing Rule three times since, and operators are now in the run-up to a hard April 2026 compliance deadline.

21 OCT 1998
Enacted
Signed as Title XIII of Pub. L. 105–277. The eight sections set the architecture; the FTC writes the operating manual.
21 APR 2000
Rule effective
16 CFR Part 312 takes effect 18 months after enactment, per § 1308. Enforcement begins immediately.
1 JUL 2013
First major update
Persistent identifiers, geolocation, photos and videos folded into "personal information." Plug-ins and ad networks brought in.
23 JUN 2025
Amendments effective
2025 Final Rule takes effect: biometric & government IDs added to PI; separate consent for third-party disclosure; written security and retention programs.
22 APR 2026
Compliance deadline
All operators subject to COPPA must be in full compliance with the 2025 amendments. The FTC has signalled robust enforcement.
§ 10 · Self-assessment

Does COPPA apply to you?

A short walk through the same questions an FTC investigator would ask. This is education, not legal advice; for a real determination, consult counsel familiar with 16 CFR Part 312.