Arkansas Sets New Benchmark for Youth Privacy with ACTOPPA. On April 21, 2025, Arkansas Governor Huckabee Sanders signed the Arkansas Children and Teens’ Online Privacy Protection Act (ACTOPPA) into law, marking a significant step in safeguarding the personal data of children and teens online. Effective in just over a year from the time of this initial write up on July 1, 2026, ACTOPPA builds on the federal Children’s Online Privacy Protection Act (COPPA) by extending protections to teens aged 13 to 16 and introducing unique provisions for online service operators. This pioneering legislation positions Arkansas as a leader in addressing the digital privacy needs of young users and is a benchmark of what we’re seeing in states all over the country while we also now have businesses needing help with AI Compliance and the 20+ data privacy laws. The solution is to retain Captain Compliance and have our software automate your privacy requirements.
Who Does ACTOPPA Cover?
ACTOPPA targets operators of websites, apps, and online services that are either:
- Directed at children (12 and under) or teens (13 to 16), or
- Have actual knowledge of collecting personal information from these groups.
While the law does not explicitly define “directed at” or “actual knowledge,” enforcement is expected to align with Federal Trade Commission (FTC) standards under COPPA. Notably, operators are not required to collect age data beyond their normal business practices or implement age-verification systems, reducing compliance burdens in this area.
Key Requirements for Operators
ACTOPPA imposes several obligations to ensure transparency, consent, and security in handling youth data:
- Transparent Notices: Operators with actual knowledge of collecting data from children or teens must provide clear, accessible notices detailing:
- Types of personal information collected.
- Purposes for processing the data.
- Data disclosure practices.
- Rights to access, correct, or delete information.
- Categories of shared data and recipients.
- Consent Requirements:
- For teens (13–16), operators must obtain consent from the teen or their parent before processing personal information, except for operational, legal, or safety-related purposes.
- For children under 13, the law’s requirements around parental consent are less clear, potentially deferring to COPPA’s verifiable parental consent standards, with some exceptions.
- Consumer Rights:
- Parents of children under 13 can access, correct, or delete their child’s data and opt out of further collection or use.
- Teens have similar rights to access and correct their data but cannot refuse further collection or use.
- Exceptions exist for data retention necessary for service delivery, legal compliance, or system security.
- Data Minimization: Operators must limit data collection and retention to what is necessary for the service or required by law.
- Security Measures: Reasonable safeguards must be implemented to protect collected data from unauthorized access.
These provisions aim to balance user privacy with operational needs while prioritizing youth safety in digital spaces.
Enforcement and Penalties
The Arkansas Attorney General holds exclusive enforcement authority, treating violations as deceptive or unfair acts under state consumer protection laws. Remedies may include:
- Injunctions to halt non-compliant practices.
- Monetary damages or restitution.
- Other relief as deemed appropriate.
Importantly, ACTOPPA does not permit private lawsuits, limiting enforcement to state authorities. The private right of action lawsuits are more commonly seen with California Invasion of Privacy Acts or the Electronics Communications Privacy Act when a HIPAA breach happens that triggers the ability to file a lawsuit as a plaintiff. We should expect loopholes and changes to create opportunities for private party lawsuits as more awareness spreads over these children privacy laws.
Steps for Compliance
To prepare for ACTOPPA’s July 1, 2026, effective date, online service operators should:
- Revise Privacy Policies: Update notices to clearly outline data practices for children and teens, ensuring compliance with ACTOPPA’s transparency requirements.
- Implement Consent Mechanisms: Develop systems to obtain and document consent from teens or parents, where applicable.
- Enable Consumer Rights: Establish processes to handle requests for data access, correction, or deletion within legal timelines.
- Adopt Data Minimization: Review and adjust data collection practices to ensure only necessary information is gathered and retained.
- Strengthen Security: Deploy robust security measures to protect youth data from breaches or unauthorized access.
- Stay Informed: Monitor regulatory updates or legislative clarifications, as ACTOPPA’s ambiguities may be addressed before enforcement begins.
A Trailblazer in Teen Privacy
ACTOPPA positions Arkansas as a pioneer in extending privacy protections to teens, addressing a gap in federal law and setting a precedent for other states. As similar legislation gains traction nationwide, operators serving Arkansas residents must act swiftly to align their practices with these new standards.
ACTOPPA Compliance Software Solution
The Arkansas Children and Teens’ Online Privacy Protection Act reflects a growing movement to enhance digital protections for young users. By expanding COPPA-like safeguards to teens and emphasizing transparency and security, ACTOPPA challenges online services to prioritize privacy. Businesses should begin compliance efforts now to navigate this evolving regulatory landscape effectively and you can do so by running Captain Compliances compliance software solutions to automate ACTOPPA privacy compliance in Arkansas today.
