Marketing to children: be aware of COPPA.

• Author: Pry, Carl G.
• Position: MARKETTING COMPLIANCE

SOME BANKS HAVE SPECIAL WEBSITE PAGES aimed at younger consumers, perhaps to teach beginning financial concepts in a creative way or even advertise bank products, such as savings accounts, that are aimed at children.

If your bank does this, you should be aware there is a specific law and regulation that applies when marketing online to children under the age of 13. This law is called the Children's Online Privacy Protection Act, or COPPA, and the rules spell out what the site's operator must include in its privacy policy (including seeking consent from a parent to collect a child's information) as well as responsibilities to protect children's privacy and safety online.

The rule applies when:

* Your Website or online service (games, activities, etc.) is directed to children under 13 and collects personal information from children; or

* Your site is directed to general audiences and you have knowledge that you collect personal information from children.

Factors to consider whether your site is directed to children include its subject matter, visual or audio content (using animated characters or similar child-oriented features, for instance), information on the age of the actual or intended audience, the age of models portrayed, and whether other advertising or promotional messages are directed to children.

The rules apply to information about children that is "individually identifiable," including name, home address, telephone number, email address, or anything similar that would allow someone to either identify or contact the child. This also extends to information on a child's hobbies and interests. Information collected through online tracking mechanisms (such as cookies) is covered when it can be connected to an individual child.

Requirements for compliance

Sites or online services meeting this standard must post a "clear and prominent" link to...