As we look back at key privacy developments during 2025, one thing is clear: it was all about kids and teens. That trend seems likely to continue in 2026. The problem is, while there are very real concerns about the impact of online content and social media engagements on young people, legislative solutions – well-intentioned as they may be – continue to run afoul of the First Amendment, and judicial challenges are mounting. With the updated Children’s Online Privacy Protection Act (COPPA) Rule compliance date coming up, businesses are working on revising compliance initiatives. Yet rulings narrowing the scope of COPPA preemption over the past few years have contributed to a growing patchwork of state laws that greatly complicates the ability of businesses – especially small businesses – to operationalize privacy and security initiatives.
In Part 1 of a two-part series, we review federal legal developments in the kids and teens privacy space over the past year and make predictions for 2026. Spoiler alert: Much of the action is occurring in the states and the courts.
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