Notícias
Federal Trade Commission Extends Public Comment Period on Proposed Rule Prohibiting Junk Fees for 30 Days, until February 7, 2024
Tags:
- Consumer Protection
- Bureau of Consumer Protection
- Advertising and Marketing
- Advertising and Marketing Basics
On October 11, 2023, the Federal Trade Commission announced it is seeking public comments on a new proposed rule to prohibit junk fees, which are hidden and bogus fees that can harm consumers and undercut honest businesses. The FTC has estimated that these fees can cost consumers tens of billions of dollars per year in unexpected costs. The public comment period originally was set to expire on January 8, 2024.
Because the existing deadline falls immediately after the holiday season, the Commission has extended the public comment period for 30 days, until February 7, 2024. Information about how to submit comments can be found in the Federal Register notice announcing the extension.
The Commission vote approving the extension of the public comment period was 3-0.
The Federal Trade Commission works to promote competition and protect and educate consumers. Learn more about consumer topics at consumer.ftc.gov, or report fraud, scams, and bad business practices at ReportFraud.ftc.gov. Follow the FTC on social media, read consumer alerts and the business blog, and sign up to get the latest FTC news and alerts.
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FTC Proposes Strengthening Children’s Privacy Rule to Further Limit Companies’ Ability to Monetize Children’s Data
Proposed COPPA Rule would require targeted advertising to be off by default, limit push notifications, restrict surveillance in schools, and strengthen data security
Tags:
- Consumer Protection
- Bureau of Consumer Protection
- Children’s Online Privacy Protection Act (COPPA)
- Government
- Privacy and Security
- Children’s Privacy
The Federal Trade Commission has proposed changes to the Children’s Online Privacy Protection Rule (COPPA Rule) that would place new restrictions on the use and disclosure of children’s personal information and further limit the ability of companies to condition access to services on monetizing children’s data. The proposal aims to shift the burden from parents to providers to ensure that digital services are safe and secure for children.
In a notice of proposed rulemaking, the FTC is seeking comment on proposed changes to the COPPA Rule aimed at addressing the evolving ways personal information is being collected, used, and disclosed, including to monetize children’s data, and clarifying and streamlining the rule. The COPPA Rule, which first went into effect in 2000, requires certain websites and other online services that collect personal information from children under the age of 13 to provide notice to parents and obtain verifiable parental consent before collecting, using, or disclosing personal information from these children. The rule also limits the personal data that websites and other online services can collect from children, limits how long they can retain such data, and requires them to secure the data.
“Kids must be able to play and learn online without being endlessly tracked by companies looking to hoard and monetize their personal data,” said FTC Chair Lina M. Khan. “The proposed changes to COPPA are much-needed, especially in an era where online tools are essential for navigating daily life—and where firms are deploying increasingly sophisticated digital tools to surveil children. By requiring firms to better safeguard kids’ data, our proposal places affirmative obligations on service providers and prohibits them from outsourcing their responsibilities to parents.”
The FTC initiated the latest review of the COPPA Rule in 2019 and received more than 175,000 comments on its request for public comment on whether changes were needed to the rule. The agency also held a workshop in October 2019 on whether to update the COPPA Rule in light of evolving business practices in the online children’s marketplace, including the increased use of voice-enabled connected devices, educational technology, and general audience platforms hosting third-party child-directed content.
The FTC last made changes to the COPPA Rule in 2013 to reflect the increasing use of mobile devices and social networking by, among other things, expanding the definition of personal information to include persistent identifiers such as cookies that track a child’s activity online, as well as geolocation information, photos, videos, and audio recordings.
In a notice that will be published in the Federal Register shortly, the FTC has proposed several changes to the rule, including:
- Requiring Separate Opt-In For Targeted Advertising: Building off the existing consent requirement in section 312.5, website and online service operators covered by COPPA would now be required to obtain separate verifiable parental consent to disclose information to third parties including third-party advertisers—unless the disclosure is integral to the nature of the website or online service. Firms cannot condition access to services on disclosure of personal information to third parties.
- Prohibition against conditioning a child’s participation on collection of personal information: The proposal reinforces the current rule’s prohibition on conditioning participation in an activity on the collection of personal data to make clear that it serves as an outright ban on collecting more personal information than is reasonably necessary for a child to participate in a game, offering of a prize, or another activity. In addition, the FTC is considering adding new language to this section to clarify the meaning of “activity.”
- Limits on the support for the internal operations exception: The current rule allows operators to collect persistent identifiers without first obtaining verifiable parental consent as long as the operator does not collect any other personal information and uses the persistent identifier solely to provide “support for the internal operations of the website or online service.” The proposed rule changes would require operators utilizing this exception to provide an online notice that states the specific internal operations for which the operator has collected a persistent identifier and how they will ensure that such identifier is not used or disclosed to contact a specific individual, including through targeted advertising.
- Limits on nudging kids to stay online: Operators would be prohibited from using online contact information and persistent identifiers collected under COPPA’s multiple contact and support for the internal operations exceptions to send push notifications to children to prompt or encourage them to use their service more. Operators that use personal information collected from a child to prompt or encourage use of their service would also be required to flag such usage in their COPPA-required direct and online notices.
- Changes related to Ed Tech: The FTC has proposed codifying its current guidance related to the use of education technology to prohibit commercial use of children’s information and implement additional safeguards. The proposed rule would allow schools and school districts to authorize ed tech providers to collect, use, and disclose students’ personal information but only for a school-authorized educational purpose and not for any commercial purpose.
- Increasing accountability for Safe Harbor programs: The proposed rule would increase transparency and accountability of COPPA Safe Harbor programs, including by requiring each program to publicly disclose its membership list and report additional information to the Commission.
- Strengthening data security requirements: The FTC has proposed strengthening the COPPA Rule’s data security requirements by mandating that operators establish, implement, and maintain a written children’s personal information security program that contains safeguards that are appropriate to the sensitivity of the personal information collected from children.
- Limits on data retention: The FTC also would strengthen the COPPA Rule’s data retention limits by allowing for personal information to be retained only for as long as necessary to fulfill the specific purpose for which it was collected. The proposed change would also prohibit operators from using retained information for any secondary purpose, and it explicitly states that operators cannot retain the information indefinitely. The Rule would also require operators to establish, and make public, a written data retention policy for children’s personal information.
In addition, the FTC has proposed changes to some definitions in the rule, including expanding the definition of “personal information” to include biometric identifiers, and stating that the Commission will consider marketing materials, representations to consumers or third parties, reviews by users or third parties, and the age of users on similar websites or services when determining whether a website or online service is directed to children.
The public will have 60 days to submit a comment on the proposed changes to the COPPA Rule after the notice is published in the Federal Register. Information on how to submit a comment will be included in the Federal Register notice. Once submitted, comments will be posted to Regulations.gov.
The Commission voted 3-0 to publish the notice of proposed rulemaking in the Federal Register. Commissioner Alvaro Bedoya released a statement.
The lead attorneys on this matter are Manmeet Dhindsa and James Trilling in the FTC’s Bureau of Consumer Protection.
The Federal Trade Commission works to promote competition and protect and educate consumers. Learn more about consumer topics at consumer.ftc.gov, or report fraud, scams, and bad business practices at ReportFraud.ftc.gov. Follow the FTC on social media, read consumer alerts and the business blog, and sign up to get the latest FTC news and alerts.
Press Release Reference
FTC Seeks Comments on Children’s Online Privacy Protection Act Rule
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AdC condena LusoPalex – Produtos de Saúde Unipessoal por gun-jumping
Comunicado 16/2023
19 de dezembro de 2023
A decisão
A AdC condenou a empresa Lusopalex ao pagamento de uma coima no valor total de €75.000 por ter realizado uma operação de concentração antes da notificação prévia.
A operação de concentração deveria ter sido notificada à AdC antes de realizada,uma vez que preenchia o critério de notificação referente ao limiar da quota de mercado, previsto na alínea a) do n.º 1 do artigo 37.º da Lei da Concorrência.
A Lei da Concorrência estabelece a obrigação de notificação prévia à AdC de operações de concentração que preenchem determinados critérios ligados à quota de mercado e/ou ao volume de negócios das empresas envolvidas e impõe uma obrigação de suspensão da implementação operações até obtenção da decisão final de não oposição.
O procedimento de transação
A empresa visada demonstrou uma total colaboração com a AdC, quer durante a fase de análise da operação de concentração, notificada a posteriori, quer, ainda, no decurso do respetivo processo contraordenacional, que agora se conclui com o pagamento da coima aplicada pela AdC.
Na fixação do montante da coima em concreto, a AdC tomou, nomeadamente, em linha de conta esta colaboração e o facto de a operação em causa ter sido, ainda que a posteriori, notificada.
O procedimento de transação consagrado na Lei da Concorrência, a que as empresas visadas recorreram para concluir o processo contraordenacional, depende da confissão e da assunção de responsabilidade pelas visadas, que abdicam da litigância judicial, beneficiando de uma redução de coima.
Este procedimento permite a simplificação e celeridade processuais, tratando-se, assim, de um instrumento ao serviço da eficiência processual, ao otimizar a aplicação do direito da concorrência.
A AdC continua ativa na deteção de operações não notificadas, disponibilizando às empresas um mecanismo confidencial de avaliação prévia, ao qual podem recorrer para esclarecer se determinadas as operações de concentração devem, ou não, ser notificadas à Autoridade da Concorrência.
Consulte no site da AdC como aceder a essa avaliação prévia, caso tenha dúvidas.
Esta foi a primeira coima aplicada pela AdC que reverterá na totalidade para os cofres do Estado, nomeadamente para o recém-criado Fundo para a Promoção dos Direitos dos Consumidores, no âmbito da alteração colocada pela Lei n.º 17/2022, de 17 de agosto.
CMA announces new Deputy General Counsel
The CMA has appointed Jessica Radke to the new post of Deputy General Counsel.From:Competition and Markets AuthorityPublished21 December 2023
Jessica has been a part of the Competition and Markets Authority’s (CMA) litigation team since 2017 and is currently the Senior Director for Litigation. Jessica will report to the General Counsel and will, together with the General Counsel, be responsible for delivering first-class legal and policy advice across the CMA’s casework.
Jessica Radke said:
I’m really excited to take up this new role at a time when the CMA is preparing to take on greater powers.
Over the last few years I’ve enjoyed working with some really talented colleagues in the litigation unit and look forward to continuing to work with a brilliant legal team to deliver for UK businesses and consumers.
Sarah Cardell, Chief Executive of the CMA, said:
This exciting new position reflects the increase in workload and responsibilities that the CMA has taken on recently.
Jessica brings a wealth of experience and insight to this role and will continue to be a real asset to the CMA’s senior leadership team.
Jessica will take up her new role in early 2024.
The process to finalise the appointments of the General Counsel and Executive Director for Digital Markets Regulation are ongoing and the CMA expects these appoints to be confirmed in early 2024.
Notes to editors
- This appointment was managed by a Civil Service Commissioner to ensure a fair, merit-based, and open process, in keeping with the Civil Service Recruitment Principles.
- The role was advertised publicly with applicants being asked to submit an application form and cover letter detailing their suitability for the role, as measured against a published role profile with a set of required skills and experience.
- For media queries, please contact the press office via press@cma.gov.uk or on 020 3738 6460.
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Published 21 December 2023
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Referral of proposed subsidy to Capital and Centric (505) Ltd by the South Yorkshire Mayoral Combined Authority
The Subsidy Advice Unit (SAU) has published a report providing advice to South Yorkshire Mayoral Combined Authority (SYMCA) concerning its proposed subsidy to Capital and Centric (505) Ltd.From:Competition and Markets AuthorityPublished14 November 2023Last updated21 December 2023 — See all updatesCase type:SAU referralCase state:ClosedMarket sector:Building and constructionOpened:14 November 2023Closed:21 December 2023
Contents
Administrative timetable
| Date | Action |
|---|---|
| 21 December 2023 | Final report published |
| 27 November 2023 | Deadline for receipt of any third party submissions (submissions after 5pm on this date cannot be taken into account) |
| 13 November 2023 | Beginning of reporting period |
Final report
21 December 2023: The SAU has published its report providing advice to SYMCA concerning the proposed subsidy to Capital and Centric (505) Ltd. The report sets out our evaluation of SYMCA’s Assessment of Compliance of its proposed subsidy with the requirements set out in the Subsidy Control Act 2022.
- Final report (PDF, 217KB) (21.12.23)
Request from SYMCA
14 November 2023: The SAU has accepted a request for a report from South Yorkshire Mayoral Combined Authority (SYMCA) for its proposed subsidy to Capital and Centric (505) Ltd. This request relates to a Subsidy of Particular Interest.
The SAU will prepare a report, which will provide an evaluation of the DESNZ assessment of whether the scheme complies with the subsidy control requirements (Assessment of Compliance). The SAU will complete its report within 30 working days.
Information about the subsidy provided by SYMCA
SYMCA is proposing to provide a subsidy to support the construction of 550 new homes on the site of the former Cannon Brewery in the Neepsend area of Sheffield. This is a brownfield site which has been out of use since the closure of the brewery in 1999. The development of the site falls within national policy most recently set out in the Levelling Up White Paper and through the establishment of the Brownfield Infrastructure and Land Fund.
The overall development cost of the site is £143 million with a subsidy of £11.6 million. The beneficiary applied for the subsidy as part of the Funders’s Brownfield Housing Fund, an open call fund with developers of any brownfield site entitled to bring forward proposals for funding to develop their site. A public call for sites was issued between 5th September and 28th October 2022, with business cases to be assessed against the SYMCA Assurance Framework. The public call was open to private developers, local Authorities and housing associations.
The beneficiary’s application for the funding of the development of the site includes the demolition of the existing site, with the retention of buildings with significant heritage interest, and the development of residential dwellings, commercial floorspace and new public realm and infrastructure.
The application identified that there was a significant viability gap. The development would without funding return a net profit on cost of -0.41%, and with the funding a net profit on cost of 8.01%. The subsidy funded figure remains below the generally accepted profit figure for a viable development for planning purposes. The beneficiary is however prepared to carry out the development at this level. The funding will specifically cover the cost of the acquisition, remediation of the site, demolition costs, pre-construction site investigations, transport and highway works, and professional fees.
The award will be governed by a grant agreement. This will incorporate protections on the funding, including a clawback provision in the event of non/poor delivery, and profit shared at a 50/50 split between the Funder and the Beneficiary for all profits above a certain level (capped at the level of funding). These interests will be secured by a first legal charge over the site on completion of the acquisition.
The project will be monitored throughout and assessed against the Outputs and Outcomes set out in the business case and Clawback will take place in the event these targets are not met.
Information for third parties
If you wish to comment on matters relevant to the SAU’s evaluation of the Assessment of Compliance concerning the SYMCA’s proposed subsidy, please send your comments before 5pm on the date stipulated in the timetable above. For guidance on representations relevant to the Assessment of Compliance, see the section on reporting period and transparency in the Operation of the subsidy control functions of the Subsidy Advice Unit.
Please send your submissions to us at SAU-SouthYorkshire2023@cma.gov.uk, copying the public authority: adam.bottomley@southyorkshire-ca.gov.uk.
Please also provide a contact address and explain in what capacity you are making the submission (for example, as an individual or a representative of a business or organisation).
Notes to third parties wishing to make a submission
- The SAU will only take your submission into account if it can be shared with SYMCA. The SAU will send a copy of your submission to SYMCA together with its report. This is to allow the public authority to take account of the submission in its decision as to whether to grant or modify the subsidy or its assessment. We therefore ask that you provide express consent for your full and unredacted submission to be shared. We also encourage you to share your submission directly with SYMCA using the email address provided above.
- The SAU may use the information you provide in its published report. Therefore, you should indicate in your submission whether any specified parts of it are commercially confidential. If the SAU wishes to refer in its published report to material identified as confidential, it will contact you in advance.
- For further details on confidentiality of third party submissions, see identifying confidential information in the Operation of the subsidy control functions of the Subsidy Advice Unit.
Contacts
- SAU project team: SAU-SouthYorkshire2023@cma.gov.uk
- CMA press team: 020 3738 6460 or press@cma.gov.uk
Published 14 November 2023
Last updated 21 December 2023 + show all updates
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Guidance
Competition Act 1998 cases in the sectors regulated by UKCN members
Details of all cases from 1 April 2014 regulated by members of the UK Competition Network (UKCN).From:Competition and Markets Authority, Civil Aviation Authority, Financial Conduct Authority, Ofcom, Ofgem
Show 3 morePublished22 December 2014Last updated20 December 2023 — See all updatesGet emails about this page
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Competition Act 1998 cases in the regulated sectors
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Details
The UKCN is a forum of the Competition and Markets Authority (CMA) and all the UK regulators that have powers to apply competition law in their sectors concurrently with the CMA.
This table provides details of public cases which are currently being undertaken in the regulated sectors by UKCN members under the Competition Act 1998.
Published 22 December 2014
Last updated 20 December 2023 + show all updates
Casos
CADE
Ato de Concentração nº 08700.008436/2023-66
Requerentes: Accenture do Brasil Ltda. e Oncoclínicas do Brasil Serviços Médicos S.A. Advogados: Paulo Casagrande, Caroline França, Camilla Paoletti, Lea Jenner de Faria e Maria Eduarda Scott. Decido pela aprovação sem restrições.
Ato de Concentração nº 08700.008789/2023-66
Requerentes: Top Service Serviços e Sistemas S.A. e Marfood Comércio e Serviços de Hotelaria Ltda. Advogados: Priscila Brolio Gonçalves, Renata Gonsalez de Souza, Camila Pires da Rocha, Guilherme Antonio Gonçalves, Joyce Midori Honda, Ricardo Lara Gaillard, Rodrigo Abreu Belon e Arthur Guarani Moreira. Decido pela aprovação sem restrições.
Ato de Concentração nº 08700.008854/2023-53
Requerentes: Ecopetrol Óleo e Gás do Brasil Ltda. e Shell Brasil Petróleo Ltda. Advogados: Paula Camara Baptista de Oliveira e Paulo César Luciano Júnior. Decido pela aprovação sem restrições.
Ato de Concentração nº 08700.008309/2023-67
Requerentes: Soluções em Software e Serviços TTS Ltda., IP São Paulo Sistemas de Gestão Empresarial Ltda., Neopenso Tecnologia Ltda., Acrux Investimentos e Participações Ltda. e Wezen Investimentos e Participações Ltda. Advogados: Sérgio Varella Bruna, Natalia S. Pinheiro da Silveira, Bruno Hugi e Lívia Vasconcellos Saldanha. Decido pela aprovação sem restrições.
Ato de Concentração nº 08700.008766/2023-51
Requerentes: Banco BTG Pactual S.A. e AEVC São Paulo Empreendimento Imobiliário SPE Ltda. Advogados: José Carlos Berardo, Marília Cruz Avila e Paula de Andrade Baqueiro. Decido pela aprovação sem restrições.
Autorité de la Concurrence
23-D-14
relative à des pratiques mises en œuvre dans les secteurs des consoles statiques de jeux vidéo de huitième génération et des accessoires de contrôle compatibles avec la console PlayStation 4
23-D-13
relative à des pratiques mises en œuvre dans le secteur de la distribution de montres de luxe
CMA
- Lindab / HAS-Vent merger inquiryThe CMA is investigating the completed acquisition by Lindab International AB of HAS-Vent Holdings Limited.
- Updated: 21 December 2023