Microsoft · Microsoft Services Agreement (Legacy)

COPPA Age Restriction & Minor Account Prohibition

High severity
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What it is

Children under 13 cannot have a Microsoft account unless a parent or guardian creates and manages the account using Microsoft Family Safety features.

Consumer impact (what this means for users)

Children under 13 using Microsoft services without a properly configured Family Safety account are at risk of having personal data collected without the parental consent required by U.S. law, exposing both the child and any institutional operator to COPPA liability.

How other platforms handle this

OpenAI Medium

We want to make sure that AI is not used to undermine the ability of humans to make informed choices about who governs them, so we are particularly careful about building tools that could be used for political ads, propaganda, or targeting strategies based on political ideology.

Twilio Medium

You will: (a) be solely responsible for all use of the Services and Documentation under your account and the Customer Services; (b) not transfer, resell, lease, license, or otherwise make available the Services to third parties (except to make the Services available to your End Users) or offer them ...

Figma Medium

Customer may only use the Services if Customer is of legal age to enter into these Terms according to the applicable laws and regulations in Customer's jurisdiction (and, in the case of Figma AI, only if 18 years old or older).

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Why it matters (compliance & risk perspective)

If a child under 13 is using a Microsoft account without parental setup, they are in violation of the agreement and their data may be collected without legally required parental consent under COPPA.

View original clause language
Microsoft accounts can be created by adults or with parental consent for children. A Microsoft account may not be created for, or used by, a child under 13, unless the account was set up by a parent or guardian using Microsoft Family Safety features for the child's use.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: This provision directly engages COPPA (15 U.S.C. §§6501–6506) and its implementing regulations at 16 CFR Part 312, which require verifiable parental consent before collecting personal information from children under 13. The FTC is the primary enforcement authority. For EU users, GDPR Art. 8 sets the digital consent age at 16 (with member state derogation to 13), and the Irish DPC's guidance on children's data privacy (2021) creates additional obligations. The UK Age Appropriate Design Code (Children's Code) imposes heightened design and data minimization requirements for services accessible to under-18 users.

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Applicable agencies

  • FTC
    The FTC is the primary enforcement authority for COPPA violations involving collection of personal data from children under 13 without verifiable parental consent.
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Applicable regulations

CFAA
United States Federal
DMCA
United States Federal
DSA
European Union

Provision details

Document information
Document
Microsoft Services Agreement (Legacy)
Entity
Microsoft
Document last updated
March 5, 2026
Tracking information
First tracked
March 5, 2026
Last verified
April 9, 2026
Record ID
CA-P-002509
Document ID
CA-D-00002
Evidence Provenance
Source URL
Wayback Machine
SHA-256
0099b077a7c627b606b6d557b5e892880a2254bab6659c33dc99032a0dd51bdd
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: Microsoft | Document: Microsoft Services Agreement (Legacy) | Record: CA-P-002509
Captured: 2026-03-05 09:35:26 UTC | SHA-256: 0099b077a7c627b6…
URL: https://conductatlas.com/platform/microsoft/microsoft-services-agreement-legacy/coppa-age-restriction-minor-account-prohibition/
Accessed: April 29, 2026
Classification
Severity
High
Categories

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