Children’s privacy is no longer a peripheral issue in digital regulation—it’s at the center of a growing legal movement. With federal updates, proposed legislation, and state-level initiatives gaining traction, legal professionals must prepare for a landscape that is both fragmented and fast-moving.
The Federal Trade Commission’s 2025 amendments to the Children’s Online Privacy Protection Act (COPPA) mark a pivotal shift. These changes reflect the realities of modern data collection and online engagement, expanding the definition of personal information to include biometric identifiers and government-issued IDs, clarifying data retention limits, and requiring formal information security programs. Operators must also adopt new parental consent mechanisms, designed to streamline compliance.
These updates are not theoretical. The FTC has already taken action, filing a complaint against the anonymous messaging app “Send It” for failing to notify parents or obtain consent before collecting data from children under 13. While broader enforcement may be slowed by political factors, the regulatory framework is clearly tightening.
Federal Legislation: Expanding protections to teens
Congress is considering two bills that would significantly expand the scope of children’s privacy protections:
- COPPA 2.0 (S.836) would extend affirmative consent requirements to teens aged 13–16, ban targeted advertising to minors, and require platforms to offer an “eraser button” for data deletion.
- KOSA (S.1748), the Kids Online Safety Act, would impose a duty of care on platforms to protect minors from harms such as addiction, anxiety, and suicidal ideation.
Versions of these bills from last year passed the Senate with overwhelming bipartisan support but stalled in the House. Their reintroduction signals growing consensus around the need for stronger protections—even if implementation remains uncertain.
States are leading the charge
While federal legislation lingers, states are moving forward. Laws modeled after the UK’s Age Appropriate Design Code have emerged in California, Maryland, Nebraska, and Vermont, requiring companies to conduct data protection impact assessments, implement high-privacy default settings, and prioritize the best interests of children in product design.
Legal challenges—particularly First Amendment claims—have delayed enforcement in California and Maryland. Yet other states continue to pass similar laws, signaling that the movement is gaining momentum despite constitutional hurdles.
Staying ahead in a fragmented legal landscape
As federal efforts stall and states move independently, legal professionals face a growing challenge: tracking, interpreting, and responding to a patchwork of laws that vary by jurisdiction and evolve rapidly. The complexity is compounded by ongoing litigation, constitutional challenges, and shifting enforcement priorities.
In this environment, access to reliable, up-to-date legal intelligence is not just helpful—it’s essential. Legal teams need tools that offer clarity across jurisdictions, highlight emerging risks, and support strategic decision-making.
Platforms like VitalLaw, built on Wolters Kluwer’s nearly 200 years of legal expertise, provide:
- Daily-updated legislation trackers for federal and state privacy laws.
- Smart Charts for comparing regulatory requirements across jurisdictions, with a children’s privacy-specific chart in development for release in 2026.
- Expert analysis through Law Firm Perspectives and the Cybersecurity Policy Report.
These resources are designed to help legal professionals stay informed and act with confidence.
What legal teams should be doing now
Whether advising clients or managing internal compliance, legal professionals should:
- Review and update privacy policies to reflect new COPPA requirements.
- Implement or enhance security programs to meet regulatory expectations.
- Monitor federal and state legislation using reliable tools like VitalLaw.
- Prepare for reputational and legal risk by aligning with consumer expectations and regulatory trends.
Looking ahead: Diligence is the watchword
Children’s privacy is one of the few areas with bipartisan support. While legal challenges may delay implementation, they won’t stop the movement. Legal professionals must be diligent, informed, and ready to respond.
VitalLaw is not just a resource. It’s a strategic, trusted partner in helping legal teams navigate this complex and rapidly changing field.
