Standards Comparison

    COPPA

    Mandatory
    1998

    U.S. regulation requiring parental consent for children's online data

    VS

    FDA 21 CFR Part 11

    Mandatory
    1997

    FDA regulation for electronic records and signatures equivalence

    Quick Verdict

    COPPA protects children's online privacy via parental consent for websites/apps, while FDA 21 CFR Part 11 ensures electronic records/signatures are trustworthy for life sciences. Companies adopt COPPA for child data compliance, Part 11 for regulatory record equivalence and inspections.

    Children Privacy

    COPPA

    Children's Online Privacy Protection Act (COPPA)

    Cost
    €€€€
    Complexity
    High
    Implementation Time
    6-12 months

    Key Features

    • Verifiable parental consent required for under-13 data collection
    • Targets operators with child-directed content or actual knowledge
    • Expansive PII definition includes persistent IDs and geolocation
    • FTC enforcement with up to $43,792 per-violation fines
    • Parental rights to access, review, and delete data
    Electronic Records

    FDA 21 CFR Part 11

    21 CFR Part 11 Electronic Records; Electronic Signatures

    Cost
    €€€€
    Complexity
    High
    Implementation Time
    12-18 months

    Key Features

    • Secure, time-stamped audit trails for changes
    • Electronic signatures equivalent to handwritten
    • Closed and open system controls
    • Risk-based system validation requirements
    • Unique access and authority checks

    Detailed Analysis

    A comprehensive look at the specific requirements, scope, and impact of each standard.

    COPPA Details

    What It Is

    Children's Online Privacy Protection Act (COPPA), enacted in 1998 and effective 2000, is a U.S. federal regulation enforced by the FTC. It safeguards children under 13 from unauthorized online personal data collection by commercial websites, apps, and services directed at kids or with actual knowledge of users' age. Primary purpose: empower parents via verifiable consent before any collection, use, or disclosure, using a strict parental-control approach updated in 2013 for modern tracking.

    Key Components

    • Verifiable parental consent (VPC) via 11+ methods (e.g., credit card, video call)
    • Comprehensive privacy policies and notices
    • Broad **personal information (PII)names, persistent IDs, geolocation, audio/video
    • Parental access, review, deletion rights
    • Data minimization, security, no-conditioning on consent Built on FTC Section 5 unfair practices; safe harbors for self-regulation.

    Why Organizations Use It

    Mandatory compliance avoids crippling fines ($43,792/violation, e.g., YouTube's $170M). Enhances trust, enables child-safe services globally, mitigates enforcement/reputation risks amid rising kids' online activity. Strategic for edtech, gaming, adtech.

    Implementation Overview

    Assess child-directed status, post policies, deploy age gates/VPC, secure data. Applies to U.S./foreign operators targeting U.S. kids, all sizes. No certification; FTC audits, optional safe harbors (e.g., ESRB). Key steps: audience analysis, tech integration, audits. Typical for SMBs: 6-12 months.

    FDA 21 CFR Part 11 Details

    What It Is

    FDA 21 CFR Part 11 is a U.S. regulation defining criteria for electronic records and electronic signatures to be trustworthy, reliable, and equivalent to paper records and handwritten signatures. It governs FDA-regulated records in pharma, devices, biologics, using a risk-based approach narrowed by 2003 FDA guidance, applying when electronic records replace or are relied on over paper under predicate rules.

    Key Components

    • Closed systems (§11.10): validation, audit trails, access limits, operational/authority/device checks, training, policies, documentation controls.
    • Open systems (§11.30): encryption, digital signatures.
    • Signatures (Subparts B/C): manifestation, linking, uniqueness, multi-component controls (§§11.50-11.300).
    • Core on data integrity (ALCOA+); compliance via validation, no formal certification.

    Why Organizations Use It

    • Legal compliance for electronic use in regulated activities.
    • Mitigates enforcement risks (warnings, holds), ensures inspection readiness.
    • Drives efficiency, quality, non-repudiation; builds stakeholder trust.

    Implementation Overview

    Phased: scoping, gap analysis, risk assessment, CSV (IQ/OQ/PQ), SOPs, training, vendor governance. For life sciences; FDA audits via inspections.

    Key Differences

    Scope

    COPPA
    Child privacy online data collection under 13
    FDA 21 CFR Part 11
    Electronic records/signatures trustworthiness equivalence

    Industry

    COPPA
    Online services, apps, websites targeting kids
    FDA 21 CFR Part 11
    Pharma, biotech, medical devices, life sciences

    Nature

    COPPA
    Mandatory FTC regulation with civil penalties
    FDA 21 CFR Part 11
    Mandatory FDA regulation with enforcement discretion

    Testing

    COPPA
    Verifiable parental consent mechanisms
    FDA 21 CFR Part 11
    Risk-based system validation IQ/OQ/PQ

    Penalties

    COPPA
    $43,792 per violation, $170M fines
    FDA 21 CFR Part 11
    Warning letters, product holds, injunctions

    Frequently Asked Questions

    Common questions about COPPA and FDA 21 CFR Part 11

    COPPA FAQ

    FDA 21 CFR Part 11 FAQ

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