The digital world is increasingly complex for companies handling the personal information of minors, as a fragmented regulatory environment demands a departure from simplistic compliance models. Attorneys Greg Szewczyk and Madison Etherington of Ballard Spahr highlight that while a singular, universally applicable compliance framework for minors’ data is absent, businesses can proactively implement robust strategies to significantly mitigate associated risks. This evolving landscape necessitates a comprehensive review of data collection, usage, and sharing practices, moving beyond the traditional interpretation of privacy laws.
For many years, the primary consideration for companies regarding the privacy of young users on their digital platforms was a narrow interpretation of compliance: whether an application was explicitly directed at individuals under the age of 13, or if the company possessed actual knowledge of collecting data from someone younger than that threshold. This approach was largely dictated by the foundational federal Children’s Online Privacy Protection Act (COPPA). However, this baseline has rapidly expanded. A growing wave of state-level legislation is now extending the scope of regulations, dictating how businesses can collect, utilize, and share the personal information of young people online. This regulatory expansion is further compounded by app store accountability measures, which introduce new evaluation and notification requirements concerning the methods by which companies acquire age-related user information. Consequently, businesses are compelled to fundamentally re-examine their entire data handling processes for users of all ages, with a particular focus on younger demographics.
COPPA, enacted in 1998 and enforced by the Federal Trade Commission (FTC), remains a cornerstone of children’s online privacy. It specifically applies to operators of websites and online services that are directed to children under 13, or those who have actual knowledge that they are collecting personal information from someone under 13. Under COPPA, these covered operators are mandated to provide clear and conspicuous notice to parents and obtain verifiable parental consent before collecting, using, or disclosing such personal data. This consent requirement is a critical safeguard designed to ensure parental awareness and control over their children’s digital footprint.
The regulatory landscape surrounding children’s data has not remained static. In a significant development, the FTC finalized amendments to the COPPA Rule in January 2025. These amendments introduced several key changes, most notably requiring separate parental opt-in consent before companies can disclose youths’ personal information to third parties for targeted advertising purposes. This signifies a shift towards greater parental control over how children’s data is monetized, limiting the ability of companies to profit from this sensitive information without explicit parental permission. The FTC’s rationale behind these amendments was to address the increasing sophistication of data collection and advertising technologies, and to ensure that parents have a clear understanding and the ability to prevent the commercial exploitation of their children’s data.
In light of these developments, legal experts advise businesses to continue treating COPPA as a foundational compliance standard. This generally involves clearly disclosing that products or services are not directed at children and that no information will be collected from children without first obtaining verifiable parental consent. In instances where a company inadvertently discovers it has collected children’s information, prompt remediation is essential. This typically involves the immediate deletion of the information and the cessation of all related processing activities. Such proactive measures are crucial for demonstrating a commitment to compliance and minimizing potential legal repercussions.
However, while COPPA has historically served as the primary baseline for processing children’s information, a burgeoning number of state privacy laws are now carving out separate regulatory categories specifically for the data of teenagers. This emerging trend acknowledges that individuals between the ages of 13 and 18, while legally considered minors in many contexts, possess different levels of maturity and may have distinct privacy needs compared to younger children.
Teen Data Emerges as a Distinct Compliance Category
Several states have proactively enacted legislation that mandates businesses to treat the data of individuals between 13 and 18 years old differently from adult data. This recognition of a distinct "teen data" category reflects a growing understanding of the unique vulnerabilities and digital engagement patterns of this age group. The implications of these laws are far-reaching, forcing companies to confront highly granular questions about their data practices.
For instance, businesses must now critically assess when it becomes sensible, or even legally mandatory, to disable targeted advertising altogether for this demographic. Similarly, decisions regarding the limitation of third-party data sharing and the restriction of social features become paramount. In certain situations, creating dedicated, simplified interfaces specifically designed for minors may present the most straightforward path toward achieving compliance and safeguarding their privacy. This approach allows companies to tailor user experiences and data collection practices to the specific needs and protections required for younger users.
The United States is not alone in grappling with these evolving privacy concerns. Canada’s approach to protecting minors’ data is also continuously developing. In May 2026, the Office of the Privacy Commissioner of Canada released comprehensive guidance advising organizations to thoroughly assess whether age assurance measures are necessary for their services. The guidance emphasizes the importance of employing methods that are proportionate to the identified risks involved and encourages consideration of alternatives, such as limiting certain data practices or disabling them by default. This proactive guidance from Canadian authorities signals a strong commitment to safeguarding the privacy of young individuals in the digital realm.
Canada’s federal Personal Information Protection and Electronic Documents Act (PIPEDA) requires meaningful consent before organizations can collect, use, or disclose any individual’s personal information. However, Canadian guidance specifically addresses the nuances of consent for minors. It states that parental or guardian permission is generally needed for individuals below the age of 13. For older minors, the guidance suggests that their maturity level, rather than a simple birthdate cutoff, should be the primary factor in determining the validity of consent. This nuanced approach acknowledges that older teenagers may possess a greater capacity to understand and consent to data practices.
Quebec, a distinct jurisdiction within Canada, has taken an even more stringent stance. Its privacy legislation broadly bars the direct collection of personal information from minors under 14 years old without the permission of a parent or tutor, unless the collection is demonstrably for the minor’s direct benefit. This provides a robust layer of protection for younger individuals within the province, ensuring parental oversight for most data collection activities.
Ultimately, businesses operating across different jurisdictions cannot afford to assume that a single national policy will satisfy every age threshold, consent standard, or advertising restriction. Each policy, whether federal or provincial/state-level, deserves careful and meticulous review against the specific definitions, age thresholds, consent requirements, and restrictions on marketing, profiling, and data transfers implemented in each region. This necessitates a granular, region-by-region compliance strategy rather than a one-size-fits-all approach.
App-Store Age Signals: An Emerging Compliance Frontier
Beyond direct legislative mandates, app-store accountability laws represent another significant and evolving layer of compliance for companies. These laws are designed to distribute responsibilities among app stores, operating-system providers, and app developers, rather than placing the entire burden of building separate age gates solely on developers. This shared responsibility model aims to create a more cohesive and effective system for protecting minors online.
With multiple laws already enacted and several more proposed across various jurisdictions, the digital landscape is likely to witness a complex and potentially confusing patchwork of regulations. Some of these laws will place the primary obligations for age verification and parental consent squarely on the shoulders of app stores. In such cases, developers may be required to provide accurate age ratings and necessary notifications to the stores. Conversely, other legislative frameworks may be more directly developer-facing, imposing a greater direct burden on them. Further complicating matters, ongoing legal challenges can significantly impact the timing and ultimate scope of these laws, creating a dynamic and unpredictable regulatory environment.
A notable example of this evolving regulatory trend is Texas S.B. 2420, which became effective after the Fifth Circuit Court of Appeals stayed a preliminary injunction that had previously blocked its implementation. This law imposes significant obligations on covered app stores. It mandates that these stores verify users’ age categories, associate minor accounts with parent accounts, and obtain parental consent in specified circumstances. Crucially, app stores are required to make age-category and consent information readily available to app developers. In turn, developers are tasked with assigning appropriate age ratings to their applications, responding to significant changes in user age information, and ensuring their data practices are consistent with the law’s restrictions. This intricate web of responsibilities underscores the growing complexity of compliance for all parties involved in the app ecosystem.
To further complicate matters for app developers, app stores themselves often impose their own distinct requirements and guidelines regarding data privacy and age-appropriateness. These platform-specific rules can add an additional layer of compliance that developers must navigate, sometimes independently of, and sometimes in conjunction with, broader legislative mandates. This means that even if a developer adheres to all applicable federal and state laws, they must also meticulously comply with the terms of service and privacy policies of each app store where their product is distributed.
Comprehensive Compliance: Beyond a Simple Privacy Notice Update
Effective compliance with the evolving regulations surrounding minors’ data requires a strategic approach that extends far beyond a mere update to a company’s privacy notice. Businesses must undertake a thorough and proactive assessment of their operations. The initial crucial step involves meticulously determining whether their data collection practices fall within the scope of any of these emerging laws. This assessment may prove more complex than initially anticipated, as it is not solely about whether age data is collected, but also about the broader context of data collection and processing related to users who may be minors.
Following this determination, companies must then conduct a comprehensive evaluation of the value of the data they collect from younger users. This analysis should inform the assessment of what specific compliance obligations must be met and what significant operational changes may be necessary to achieve adherence. This includes a deep dive into vendor contracts, analytics tools, and advertising technologies. It is imperative to confirm that minors’ information is not being transmitted or processed in ways that conflict with the company’s own established policies or, more importantly, with applicable laws and regulations.
The legal landscape surrounding the privacy of minors’ data is characterized by its dynamism and complexity. As new laws are enacted and existing ones are amended, companies must remain vigilant and adaptable. Proactive risk mitigation, thorough due diligence, and a commitment to transparency are no longer optional but essential components of responsible digital citizenship in an era of heightened data protection awareness. The advice from legal experts like Szewczyk and Etherington underscores the necessity for businesses to move beyond a reactive stance and embrace a forward-thinking, comprehensive strategy to safeguard the privacy of young digital natives.
Ballard Spahr summer associate T’Phani Perley-Schiele contributed to this report.
