Sec. 104. Disclosure
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/bill/118/hr/7891/ih/section-104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Prior to registration or purchase of a covered platform by an individual that the platform knows is a minor, the platform shall provide clear, conspicuous, and easy-to-understand— notice of the policies and practices of the covered platform with respect to safeguards for minors; information about how to access the safeguards and parental tools required under section 103; and notice about whether the covered platform uses or makes available to minors a product, service, or design feature, including any personalized recommendation system, that poses any heightened risk of harm to minors.
In the case of an individual that a covered platform knows is a child, the platform shall additionally provide information about the parental tools and safeguards required under section 103 to a parent of the child and obtain verifiable parental consent (as defined in section 1302(9) of the Children’s Online Privacy Protection Act ( 15 U.S.C. 6501(9) )) from the parent prior to the initial use of the covered platform by the child. A covered platform shall be deemed to have satisfied the requirement described in subparagraph
(A)if the covered platform is in compliance with the requirements of the Children’s Online Privacy Protection Act ( 15 U.S.C. 6501 et seq. ) to use reasonable efforts (taking into consideration available technology) to provide a parent with the information described in subparagraph
(A)and to obtain verifiable parental consent as required. For purposes of this Act, a covered platform may consolidate the process for providing information under this subsection and obtaining verifiable parental consent or the consent of the minor involved (as applicable) as required under this subsection with its obligations to provide relevant notice and obtain verifiable consent under the Children’s Online Privacy Protection Act ( 15 U.S.C. 6501 et seq. ). The Federal Trade Commission may issue guidance to assist covered platforms in complying with the specific notice requirements of this subsection. A covered platform that operates a personalized recommendation system shall set out in its terms and conditions, in a clear, conspicuous, and easy-to-understand manner— an overview of how such personalized recommendation system is used by the covered platform to provide information to minors; and information about options for minors or their parents to opt out of or control the personalized recommendation system (as applicable). A covered platform shall provide to minors and parents clear, conspicuous, easy-to-understand, and comprehensive information in a prominent location, which may include a link to a web page, regarding— its policies and practices with respect to safeguards for minors; and how to access the safeguards and tools required under section 103. A covered platform shall ensure, to the extent practicable, that the disclosures required by this section are made available in the same language, form, and manner as the covered platform provides any product or service used by minors and their parents.
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