Update of Children’s Privacy and Advertising (On-Demand)

Course Description

There has been a significant effort to protect children, who comprise one of the most vulnerable demographics when it comes to advertising. California signed into law the California Age-Appropriate Design Code Act (ADCA) on Sept. 15, 2022, and it will become effective on July 1, 2024. The ADCA imposes new requirements and prohibitions on online businesses with the goal of protecting children’s privacy and online safety. The ADCA is modeled after the U.K.’s similar law, which has seen significant fines assessed for failure to comply.

The Children’s Advertising Review Unit (CARU) issued its newest guidance for children’s advertising, which reflects the focus on online and digital advertising targeted at children. The guidance addresses in-app and in-game advertising, and influencer marketing, among others. The guidance became effective Jan. 1, 2022.

The FTC recently issued a report on how companies are increasingly using dark patterns that trick or manipulate consumers into sharing their personal data. The FTC is working to combat the use of dark patterns in the marketplace. Further, the FTC public comment period on how children are affected by digital advertising and marketing that may blur the line between entertainment and advertisement recently closed on Nov. 18, 2022. Comments are currently under review.

Listen as our authoritative panel of attorneys provides online companies and their counsel guidance on issues related to children’s advertising and online privacy. The panel will discuss what online companies must address under California’s new ADCA law. The panel will also discuss recent decisions that address stereotyping related to children, the FTC’s recent report on dark patterns, and 2022 Children’s Advertising Review Unit (CARU) guidelines. The panel will offer best practices for meeting the requirement of California’s new law and ensuring compliance by companies online and in the metaverse.

Syllabus

1. State of Children’s Privacy
2. California’s new Age-Appropriate Design Code law
3. 2022 Children’s Advertising Review Unit (CARU) guidelines including their first opinions on “Negative Stereotyping”
4. FTC’s recent report on dark patterns and guidance
5. Best practices for meeting the legal requirements and compliance

The panel will review these and other important issues:

• How does California’s new law change the playing field for online businesses? With what new requirements must they comply?
• What changes in guidance do the FTC and CARU provide in their latest guidance?
• What best practices should counsel employ to ensure compliance in children’s advertising online and in the metaverse?

Instructors

Chanda Marlowe, Esq.

Nerissa Coyle McGinn, Esq.