FTC COPPA FAQs - I operate an ad network. I receive a list of websites from a parents’ organization... or someone else, which says that the websites are child-directed. Does this give me actual knowledge of the child-directed nature of these sites?

Compliance > COPPA
Q:  I operate an ad network.  I receive a list of websites from a parents’ organization, advocacy group or someone else, which says that the websites are child-directed.  Does this give me actual knowledge of the child-directed nature of these sites?
 
A:  It’s unlikely the receipt of a list of purportedly child-directed websites alone would constitute actual knowledge.  You would have no duty to investigate.  It's possible, however, that you will receive screenshots or other forms of concrete information that do give you actual knowledge that the website is directed at children.  If you receive information and are uncertain whether the site is child-directed, you may ordinarily rely on a specific affirmative representation from the website operator that its content is not child-directed.  For this purpose, a website operator would not be deemed to have provided a specific affirmative representation if it merely accepts a standard provision in your Terms of Service stating that, by incorporating your code, the first party agrees that it is not child directed.
 
 
 
 ADDITIONAL INFORMATION:
This information was obtained from the FTC’s webpage on “Complying with COPPA:  Frequently Asked Questions.”   https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions
 

Add Feedback