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Child Privacy Rights and Online Consent Management Under CPRA: Your Responsibilities

Updated: May 11, 2023

Child Privacy Rights and Online Consent Management

In the United States, California is widely known to have some of the strictest data privacy laws for online consumers. The California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) are the two that just about every business knows they need to comply with. If you aren’t familiar with online consent management, now is the time to brush up. Not only do they give end users the right to know about how their information is stored and shared, the right to delete their information, the right to opt-in or out, and the right to non-discrimination, they also have additional provisions for regulations on children’s data.

That’s a good thing. After all, no one wants children’s data to be exploited or used in ways that children cannot possibly understand or consent to. These laws protect children – and they protect businesses from accidentally sharing data that should be private.

How does the CPRA and Online Consent Management help protect children’s data?

The CPRA is unique in its protection for children. Regulations fall under three categories and are different for each. These categories are:

  • Under 13

  • 13-15

  • Under 16

If your business has users in California – and let’s be real, what business doesn’t – you need to be conscious of these laws and take the appropriate measures to comply with them.

Under 13

For users under 13, you’re required to collect a parent or guardian’s express permission. This includes email addresses, birth dates, addresses, and any other identifying information. But what if a kid uses a different date of birth. Uh-oh. You’re still responsible. You can ensure that you’re not using a child’s information with the right steps in place. It’s not too complicated. You just need the right measures in place to subvert any falsification. This includes, but is not limited to:

  • A phone call

  • A form with a signature

  • Checking ID

Yikes! Don’t call a staffing agency or file bankruptcy just yet – you can do it with a Consent Management Platform. We’ll get into that later.

Children aged 13-15

This is a bit more lax compared to the under 13 crowd. Under this age group, businesses must:

  • Collect consent and offer opt-in/opt-out

  • Collect parent or guardian consent if they are selling personal information

Not too bad! All you need is a robust banner, a privacy policy, a simple way for users to opt in and opt out, and impeccable records in the event of an audit. Additionally, even if someone uses a false birthdate, you are still responsible for the final outcome. Did you take all of the proper steps for verification? If so, you’re in the clear. If not, you could be in trouble.

Under 16

This one is complicated. Since it encompasses all age groups (e.g., under 13 and 13-15), it has many caveats. Your business must:

  • Wait 12 months to request an opt-in if someone has opted out

  • Face up to $7,500 in fines per violation (even if it is unintentional)

  • Adhere to the laws whether sharing or selling information

As you can see, there are a lot of things you’ll need to pay attention to. Doing this on your own while running a business isn’t really possible. Plus, laws are evolving all the time. They grow and change without notification – and you can’t spend hours a day researching these changes without sacrificing other essential business duties.

I can’t control if someone uses false data from another state. I’m freaking out!

When you take the appropriate measures to gain consent and earn end user trust, you’ll be okay. With the right online consent management and monitoring system, you’ll be in the clear. We can take care of the details for you. From staying up to date with laws and adjusting accordingly to ensuring that you have the right records in the event of an audit, there’s nothing to worry about. You’ll have all the insights you need on an easy-to-comprehend dashboard that’s customized to your preferences. Whether you have one site or many, we can help keep you organized and compliant.

How can a Consent Management Platform (CMP) help me navigate these laws?

An automated platform that gains consent and preference management, along with cookie data, can keep your business safe. This protects your customers and business from third-party cookies while still giving you insights into specific wants and needs.

Check out the Adzapier Cookie Scan tool to see where and with whom information is being shared. Then, connect with one of our professionals for a quick meeting that can get your business compliant in about 30 minutes! We guarantee: our solution costs far less than an audit.

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