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Bytesize Legal Updates | Fieldfisher

Bytesize Legal Update: The evolving legal landscape of the requirements for age assurance

Bytesize Legal Updates | Fieldfisher

Fieldfisher

Business

54 Ratings

🗓️ 19 January 2024

⏱️ 15 minutes

🧾️ Download transcript

Summary

The FTC's proposals to amend COPPA and the updated Information Commissioner's Opinion on Age Assurance, are just two of the most recent updates in the area of Age Assurance. With governments and regulators heavily prioritising children's data and their online safety, understanding when you need to implement Age Assurance and how to select the most appropriate method for your business is increasingly important. In this Bytesize Legal Update, Fieldfisher's James Russell and Lorna Cropp...

Transcript

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0:00.0

Hi, I'm James.

0:03.8

And I'm Lorna.

0:04.8

And we're both technology and data specialists at Fieldfisher.

0:08.2

Shortly before the end of the year, we saw the FTC announce that it'll be overhauling

0:11.7

copper.

0:12.4

Today, we're looking at the legal position on age assurance around the world.

0:29.0

Frequent podcast listeners will be aware that the UK's Online Safety Act has now received Royal Ascent,

0:32.9

whilst the EU's Digital Services Act is now applicable for the largest platforms,

0:35.6

and will be applicable for the smallest ones next month.

0:39.1

The US clearly wants to bring itself into line with some of these trends that we're seeing worldwide,

0:42.0

with the FTC's announcement about its plans to overhaul COPPA,

0:45.1

and interested stakeholders have until 11th March to respond.

0:53.5

So Lorna, thanks for joining us.

0:55.4

So what is the FTC proposing?

0:56.5

What are the main changes?

0:58.3

And what does all this have to do with age assurance?

1:00.0

Thank you, James.

1:02.5

First of all, these are only proposals.

1:06.5

And the 60-day consultation period is now running.

1:14.4

Given that it has been more than 10 years since copper was last amended, it's likely we will be seeing a number of changes.

1:30.3

The proposed overhaul looks to make the provisions of copper more strict, for example, requiring separate opt-in for targeted advertising, limiting nudge techniques for children online, and a general strengthening of data security requirements. These aspects do align with what's happening in the UK and EU,

1:38.5

but the biggest difference is the age requirements. Copper will still only apply to children under 13, whilst in the

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