Sec. 104. Disclosure
572 words·~3 min read·
/bill/119/s/1748/is/section-104A 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 how to access the information on personalized recommendation systems required under subsection (b).
In the case of an individual that a covered platform knows is a child, the platform shall provide information about the parental tools and safeguards required under section 103 to a parent of the child and obtain verifiable consent (as defined in section 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 )). 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 of 1998 ( 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 consent as required. For purposes of this title, a covered platform may consolidate the process for providing information under this subsection and obtaining verifiable consent or the consent of the minor involved (as applicable) as required under this subsection with the obligations of the covered platform to provide relevant notice and obtain verifiable consent under the Children’s Online Privacy Protection Act of 1998 ( 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 each personalized recommendation system is used by the covered platform to provide information to minors, including how such systems use the personal data of 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 clear, conspicuous, and easy-to-understand labels and information, which can be provided through a link to another web page or disclosure, to minors on advertisements regarding— the name of the product, service, or brand and the subject matter of an advertisement; and whether particular media displayed to the minor is an advertisement or marketing material, including disclosure of endorsements of products, services, or brands made for commercial consideration by other users of the platform. The Federal Trade Commission may issue guidance to assist covered platforms in complying with the requirements of this subsection, including guidance about the minimum level of information and labels for the disclosures required under paragraph (1). 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— the policies and practices of the covered platform with respect to safeguards for minors; and how to access the safeguards and parental 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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U.S. Code