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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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Children’s privacy always has been a tricky proposition: the law and regulations affecting marketing to children, tweens and teens long has been a patchwork of overlapping rules and the consequences of missing the mark – both legally and in brand and reputation aspects – have been serious. The situation is about to get even more complicated, particularly for businesses that interact with European consumers.

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On January 21, 2020, Britain’s Information Commissioner’s Office (ICO) published the final version of its <a href="https://www.ecfr.gov/current/title-16/part-312">Age Appropriate Design Code</a> (Code). The Code is a set of new rules that, if adopted, would require businesses that use or offer social networks, apps, connected toys and other online services likely to be used by children to review and revamp how they handle children’s personal information. The Code is more sweeping than the U.S. <a href="https://www.ecfr.gov/current/title-16/part-312">Children's Online Privacy Protection Act</a> (COPPA), both in what it requires and whom it covers. As you may be aware, COPPA only applies to online services aimed at children under 13 and generally requires “notice and consent” to provide those services. The Code’s reach is broader, covering online services targeted to U.K. children under 18 and affecting many more operational and design aspects.

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The Code sets out 15 standards, reflecting a risk-based approach to protecting children’s personal data. Importantly, the standards are not meant to be technical requirements, but rather “technology-neutral design principles and practical privacy features.” The ICO emphasizes that different services will require different technical solutions to comply.

The standards require that companies offering services to children under 18 must:

The Code, which soon will be submitted to Parliament, is expected to become effective several months after it is received. It is anticipated that, once effective, companies will have a year’s grace period to get up to speed, meaning that companies should be prepared to be fully compliant by early to mid-2021. Companies failing to comply with the Code face potential warnings, formal reprimands, stop orders and fines.

Firms offering online services in the U.K. and targeted to individuals under the age of 18 should assess current practices, conduct a meaningful data protection impact assessment, and determine what changes must be made to comply with the Code. The ICO expects affected companies to, at a minimum, institute an accountability program tailored to the nature of their business, adopt appropriate data protection policies and procedures, train employees on data practices, keep records of data processing activities, and be prepared to demonstrate compliance with the Code. We will continue to track this new regulation as well as any additional guidance on compliance, and we will be sure to keep you informed.

Thomas F. Zych 216.566.5605 <a href="mailto:Tom.Zych@ThompsonHine.com">Tom.Zych@ThompsonHine.com</a>

Mona Adabi 202.263.4147 <a href="mailto:Mona.Adabi@ThompsonHine.com">Mona.Adabi@ThompsonHine.com</a>

Darcy M. Brosky 216.566.5774 <a href="mailto:Darcy.Brosky@ThompsonHine.com">Darcy.Brosky@ThompsonHine.com</a>

Craig A. Foster 614.469.3280 <a href="mailto:Craig.Foster@ThompsonHine.com">Craig.Foster@ThompsonHine.com</a>

Brian Doyle-Wenger 614.469.3294 <a href="mailto:Brian.Doyle-Wenger@ThompsonHine.com">Brian.Doyle-Wenger@ThompsonHine.com</a>

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2022/04/Privacy__Cybersecurity_Update_-_UK_Proposes_Substantial_Expansion_of_Online_Privacy_Protections_for_Children.pdf

UK Proposes Substantial Expansion of Online Privacy Protections for Children

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