DescriptionThe written agreement required by the Student Online Personal Protection Act between school districts and operators can be in electronic form and signed with a digital signature or a “click wrap” agreement and must contain:
(i) the type of covered information;
(ii) statement of the product or service;
(iii) specific language prescribed by statute regarding the authorized use of the covered information;
(iv) how costs incurred by the school will be allocated in the event of a breach;
(v) statement that the operator must delete or transfer to the school all covered information if the information is no longer needed for the purposes of the written agreement, and specifications for the time period in which the information must be deleted or transferred; and
(vi) statement that the school must publish the written agreement on the school’s website, or available for inspection if no website is maintained.
ApplicabilityThis law applies to “operators”, but does not apply to nonpublic schools.
To the extent that an entity is operating in this capacity, the operator of an Internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for K through 12 school purposes, and was designed and marketed for K through 12 school purposes.