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FTC Settles with Miniclip for False COPPA Safe Harbor Claims

Miniclip, S.A.July 6, 2020Federal Trade Commission

Summary

The FTC finalized a settlement with Miniclip, S.A. for falsely claiming it was a member of the CARU COPPA safe harbor program. Miniclip is prohibited from misrepresenting its participation in privacy programs and subject to compliance and recordkeeping requirements.

Remedy

Miniclip is prohibited from misrepresenting its participation or certification in any privacy or security program sponsored by a government or self-regulatory organization, including the CARU COPPA safe harbor program, and is subject to compliance and recordkeeping requirements.

InjunctionCompliance Program

Contract Impact

In-house legal teams should review all vendor, customer, and data processing agreements where the other party makes representations about privacy certifications or safe harbor program participation, particularly those involving children's data or COPPA-covered services. Focus on representations and warranties clauses, compliance certification sections, and any audit or verification rights. Specific changes may include: adding requirements for parties to provide current, verifiable proof of any claimed certifications (e.g., CARU COPPA safe harbor membership letters or certificates); incorporating clauses that prohibit misrepresentations about participation in any government or self-regulatory privacy program; and ensuring contracts grant the right to audit or request documentation supporting such certifications. For agreements with Miniclip or similar entities, verify that any stated COPPA safe harbor status is accurate and current, and consider adding indemnification provisions for misrepresentation-related liabilities.

Contract Search Terms

safe harbor certificationCARU membershipCOPPA compliance certificationprivacy program representationmisrepresentation clauseself-regulatory organization certificationFTC-approved programchildren's privacy certificationcompliance warrantyaudit rights certification

Laws Cited

Children’s Online Privacy Protection Act (COPPA)FTC’s COPPA Rule

Violation Types

Entity Details

Entity

Miniclip, S.A.

Also known as: Miniclip

Industry

Gaming

Official Sources

Source Evidence

Entity Name
"Miniclip, S.A."
Laws Cited
"Children’s Online Privacy Protection Act (COPPA)"
Laws Cited
"FTC’s COPPA Rule"
Violation Types
"falsely claimed from 2015 through mid-2019 that it was a member of the Children’s Advertising Review Unit’s (CARU) COPPA safe harbor program even though Miniclip’s membership had been terminated in 2015."

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