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The policy states that OpenSea does not intentionally collect data from users under 13 (or 16 in the EEA/UK) and requires all users to be at least 18, while permitting supervised use of a parent or guardian's account for users aged 13-17 (or 16-17 in the EEA/UK).
This analysis describes what OpenSea's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes age thresholds for data collection and platform access that engage COPPA (U.S.), GDPR Article 8 (EEA/UK digital age of consent), and OpenSea's own Terms of Service. The policy creates a layered age framework with different thresholds for different jurisdictions, which compliance teams should assess for consistency and adequacy.
Interpretive note: EEA member state digital age of consent thresholds vary between 13 and 16; the policy's uniform 16-year EEA threshold may not account for all member state variations.
Under this clause, users under 13 (or 16 in the EEA/UK) are not intended to be served by the platform, and if their data is identified, OpenSea states it will attempt deletion. Users aged 13-17 may access the platform only through a parent or guardian's account under supervision.
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"We do not intentionally gather information from visitors who are under the age of 13 (or under the age of 16 for individuals in the EEA/UK). Our Terms of Service require all users to be at least 18 years old. Minors who are at least 13 years old (or at least 16 for individuals in the EEA/UK) but are under 18 years old may use a parent or guardian's account, but only with the supervision of the account holder. If a child under 13 (or under 16 for individuals in the EEA/UK) submits identifiable information to us and we learn that the identifiable information is the information of a child under 13 (or under 16 for individuals in the EEA/UK), we will attempt to delete the information as soon as possible.Excerpt from OpenSea's Privacy Policy
(1) REGULATORY LANDSCAPE: This provision engages COPPA (13-year U.S. threshold), GDPR Article 8 (16-year EEA digital consent threshold, with member state variation down to 13), and the UK Children's Code. The FTC enforces COPPA; EU data protection authorities and the UK ICO enforce age-appropriate data handling requirements. The policy's 16-year EEA/UK threshold aligns with the GDPR default but may not account for member states that have set a lower threshold. (2) GOVERNANCE EXPOSURE: Medium. The permission for supervised minor use of a parent or guardian's account creates operational complexity for age verification and may raise questions about whether this arrangement satisfies COPPA and GDPR requirements in practice. (3) JURISDICTION FLAGS: EEA member states that have set digital age of consent below 16 (such as Germany at 16, France at 15, and Ireland at 16) should be assessed individually. The UK Children's Code may impose additional requirements beyond the stated 16-year threshold. (4) CONTRACT AND VENDOR IMPLICATIONS: The policy does not specify technical age verification measures, which may be relevant for regulatory assessments of COPPA and GDPR Article 8 compliance. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should assess the adequacy of age verification mechanisms, review whether the supervised account provision is operationally enforceable, and evaluate compliance with UK Children's Code requirements for age-appropriate design.
This provision establishes age thresholds for data collection and platform access that engage COPPA (U.S.), GDPR Article 8 (EEA/UK digital age of consent), and OpenSea's own Terms of Service. The policy creates a layered age framework with different thresholds for different jurisdictions, which compliance teams should assess for consistency and adequacy.
Under this clause, users under 13 (or 16 in the EEA/UK) are not intended to be served by the platform, and if their data is identified, OpenSea states it will attempt deletion. Users aged 13-17 may access the platform only through a parent or guardian's account under supervision.
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