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Compliance Solutions for Websites, Apps and Organizations | iubenda

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App Privacy Requirements for Kids | iubenda
Jessica Ryder · 2023-02-24 · via Compliance Solutions for Websites, Apps and Organizations | iubenda

App privacy requirements for kids refer to the set of rules and regulations that app developers and operators must follow to ensure that children’s privacy is protected when using mobile applications. Learn more below 👇

  • Personal data for children
  • Are children under the age of 13 allowed to use apps that collect data? 
  • Privacy Requirements for Kids

    Personal data for children

    First and foremost, it’s essential to understand what personal data for children entails. For children, personal information includes their:

    • name;
    • location*;
    • images;
    • videos; and 
    • other identifying information. 

    *Keep in mind that IP addresses are considered personal data under some privacy laws including the GDPR.

    App developers need to ensure that this personal information is adequately protected and not disclosed to third parties without the express consent of the child’s parents or legal guardians.

    Are children under the age of 13 allowed to use apps that collect data? 

    In the United States, apps that collect data from users, including children under the age of 13, are required to comply with the Children’s Online Privacy Protection Act (COPPA). Under COPPA, operators of websites and online services, including mobile apps, must obtain verifiable parental consent before collecting personal information from children under the age of 13.

    In the European Union, when it comes to apps that collect personal data, including those used by children under the age of 13, the GDPR requires that the operator of the app obtain parental consent before collecting and processing any personal data of the child. The age of consent varies between EU member states and can range from 13 to 16 years old.

    Privacy Requirements for Kids

    US: Children’s privacy protection 🇺🇸

    The Children’s Online Privacy Protection Act (COPPA) of 1998 outlines app privacy requirements for kids. Under COPPA, app developers must obtain parental consent before collecting or using a child’s personal information. This includes information collected through the app, such as:

    • the child’s name;
    • email address;
    • location; and
    • information collected through device permissions, such as access to the camera, microphone, or contacts list.

    Developers must also provide clear and concise privacy policies outlining the types of personal information collected, how it’s used, and who it’s shared with. The privacy policy must also provide instructions for parents to review and delete their child’s personal information upon request.

    🚀 Set up a privacy policy with our Privacy and Cookie Policy Generator →

    App developers must also take appropriate security measures to protect the personal information collected from children. This includes using encryption to safeguard data and restricting access to personal information to authorized personnel only.

    Europe: Children’s privacy protection 🇪🇺 🇬🇧

    The General Data Protection Regulation – GDPR (and UK GDPR) of 2018 outlines app privacy requirements for kids in the Europe

    Under the GDPR, app developers must obtain consent from a child’s legal guardian before collecting or processing their personal information. This includes the right to access, rectify, and delete personal information at any time.

    Developers must also provide clear and concise terms and conditions and privacy policies, which explain what personal information is collected, how it’s used, and who it’s shared with. The privacy policy must also provide instructions for parents to review and delete their child’s personal information upon request.

    🚀 Set up a privacy policy with our Privacy and Cookie Policy Generator →

    To comply with these regulations, app developers must ensure that their apps are designed with children’s privacy and safety in mind. This includes using age-appropriate language, icons, and images to clearly explain the app’s purpose and how personal information is collected and used. Developers must also provide mechanisms for parents to control their child’s app usage, such as limiting access to certain features or setting time limits.

    App privacy requirements for kids are essential for protecting children’s personal information and ensuring their safety online. App developers must comply with these regulations to provide parents with peace of mind when their children are using mobile applications. By designing apps with children’s privacy in mind, developers can provide a safe and enjoyable experience for children, while maintaining the trust of parents and legal guardians.

    Brazil: Children’s privacy protection 🇧🇷

    In Brazil, the protection of children’s data privacy is regulated by the Brazilian General Data Protection Law (LGPD) and the Brazilian Children and Adolescents’ Statute (ECA). The LGPD applies to the processing of personal data, including data of children, while the ECA focuses on the protection of children’s rights in general.

    Under the LGPD, app developers and operators must obtain consent from parents or legal guardians before collecting, processing, or sharing the personal data of children under the age of 16. The consent must be:

    • specific;
    • informed; and 
    • the information provided to parents or legal guardians must be presented in clear and accessible language.

    In addition, the LGPD requires app developers and operators to implement appropriate security measures to protect the personal data of children, including encryption and access controls. App developers must also appoint a data protection officer to oversee compliance with the LGPD.

    The ECA complements the LGPD by providing additional protection to children’s privacy rights. It prohibits the collection, use, and sharing of children’s personal data without consent, and also restricts the use of personal data for marketing or commercial purposes directed at children. The ECA also includes provisions that protect children’s privacy in the context of the media, including television, radio, and the internet.

    Targeting kids on your app?

    Generate your Privacy Policy