Guide to United States - COPPA overlay (<13) Cookie Consent Compliance

Complete technical implementation guide for United States (federal) privacy regulations. Learn about consent requirements, banner elements, record keeping, and technical specifications.

Opt-in Translation Required Children's Privacy Rules Cookie Walls Restricted

Summary

This guide provides comprehensive technical implementation requirements for United States - COPPA overlay (<13). Sites directed to children under 13 require parental consent.

This jurisdiction requires an opt-in consent model (prior consent), meaning websites must obtain explicit user consent before placing non-essential cookies or similar tracking technologies. Users must actively accept cookies through clear consent mechanisms.

Additional requirements for this jurisdiction include: providing consent banners and privacy information in all required languages, and special protections and consent mechanisms for children's personal data.

Website owners and operators subject to these regulations must implement compliant cookie consent banners, maintain proper consent records, and ensure their tracking technologies respect user privacy choices. This guide outlines all technical requirements needed to achieve compliance.

Key Requirements Overview

Consent Model

Opt-in (Prior Consent)

Consent Lifespan

12 months

Default State

Off (Non-Essential Cookies)

Cookie Walls

Restricted

Technical Requirements

Prior consent for non-essential cookies

Purpose granularity required

Equal prominence for accept/reject buttons

No pre-checked boxes allowed

Dark patterns prohibited

Proof of consent required

Local storage covered by regulation

Implementation Guidance

Detect under-13 contexts; disable personalized ads; run parental VPC flow before any tracking. CRITICAL: FTC actively enforces against third-party tracking on child-directed sites. Any embedded third-party content (videos, social widgets, analytics pixels) must be carefully managed. Use YouTube child-directed mode, disable ad personalization on embedded content, and ensure no tracking cookies load before parental consent. Site operators are liable even for third-party tracking they facilitate.

Special Protections

Children's Privacy

Verifiable parental consent required before collection, including tracking cookies.

Sensitive Data

Extra caution for precise geo, health, school records

Record Keeping Requirements

Required Consent Record Fields

For each consent action, you must maintain records containing:

Timestamp ISO
Parent Verification Method
Choices
Policy Version

Retention Period: 24 months minimum

Re-consent Trigger: Material Change Or New Processing

CookieChimp handles all of this automatically. Our platform maintains comprehensive consent records including all required fields, timestamps, consent strings, IP addresses, user agents, and more. Records are securely stored and easily exportable for compliance audits. Learn more about our consent management

Legal References & Resources

Official legal documents and regulatory guidance for this jurisdiction:

FTC COPPA Rule & FAQs

https://www.ftc.gov/legal-library/browse/rules/childrens-online-privacy-protection-rule-coppa

Legal Disclaimer: For engineering implementation guidance only. Not legal advice. This guide provides technical implementation guidance only and should not be considered legal advice. Privacy laws are complex and frequently updated. We recommend consulting with qualified legal counsel to ensure full compliance with applicable regulations.