COPPA - Safe Harbor Program
“A safe harbor is a provision of a statute or a regulation that specifies that certain conduct will be deemed not to violate a given rule.”
1. Eduwonka satisfies the requirements of regulations issued under section 1303(b) by following a set of self-regulatory guidelines, issued by representatives of the company- for Child data collection, retention and future use.
2. Eduwonka qualifies to be incentivised by the FTC for self-regulation to implement the protections afforded children under the regulatory requirements described in subsection (b) of the COPPA.
3. Such incentives shall include provisions for ensuring that a person will be deemed to be in compliance with the requirements of the regulations under section 1303 if that person complies with guidelines that, after notice and comment, are approved by the Commission upon making a determination that the guidelines meet the requirements of the regulations issued under section 1303.
4. Eduwonka acknowledges the guidelines of Section 1305, wherein if in any case the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates any regulation of the Commission prescribed under section 1303(b), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (A) enjoin that practice; (B) enforce compliance with the regulation; (C) obtain damage, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate.
Before filing an action, the attorney general of the State involved shall provide to the Commission— (i) written notice of that action; and (ii) a copy of the complaint for that action.
The above shall not apply with respect to the filing of an action by an attorney general of a state under this subsection, if the attorney general determines that it is not feasible to provide the notice described, before filing of the action. The attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action.
Eduwonka acknowledges that the Federal Trade Commission shall have the right to intervene in the action that is the subject of the notice.
If the Commission intervenes in an action, it shall have the right— (A) to be heard with respect to any matter that arises in that action; and (B) to file a petition for appeal.
Upon application to the court, if Eduwonka’s self-regulatory guidelines have been approved by the Commission and are relied upon as a defence by any defendant to a proceeding under this section may file amicus curiae in that proceeding.
For purposes of bringing any civil action, nothing in this title shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence.
5. Eduwonka acknowledges that except as otherwise provided, this title shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
6. For the purpose of the exercise by Eduwonka referred to in subsection (a) of the Act, of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this title shall be deemed to be a violation of a requirement imposed under that Act.
7. In addition to its powers under any provision of law specifically referred to in subsection (a), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this title, any other authority conferred on it by law.
8. Eduwonka acknowledges that, the Commission shall prevent any person from violating a rule of the Commission under section 1303 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this title.
9. Eduwonka is in cognizance of the fact that if it violates such rule, it shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this title.
10. We acknowledge that abiding by the Safe Harbor Guidelines of COPPA, 1998, the act does not limit the authority of the commission under any other provisions of the law. Nothing mentioned in the Act shall be construed to believe that.
11. Also, the commission shall, not later than 5 years after the effective date of the regulations initially issued under section 1303, shall-
• review the implementation of this title, including the effect of the implementation of this title on practices relating to the collection and disclosure of information relating to children, children's ability to obtain access to information of their choice online, and on the availability of websites directed to children; and • prepare and submit to Congress a report on the results of the review mentioned in the point above. Eduwonka shall then, keep itself complaint to the changes incurred in the COPPA, and adopt internal policies and practices that are in accordance with the Safe Harbor Program (through one of the approved Safe Harbor organizations- Aristotle International Inc., Children’s Advertising Review Unit (CARU), Entertainment Software Rating Board (ESRB), iKeepSafe, kidSAFE, Privacy Vaults Online, Inc. (d/b/a PRIVO), TRUSTe. Reference- https://www.ftc.gov/safe-harbor-program) thus keeping itself abiding to the acceptable practices w.r.t collecting, using, archiving for future use, of child data in a retrievable format.