Legal Risks in The Bryn Mawr School's Terms & Conditions: A Case Study in Privacy and Compliance | Erayaha

## Uncovering Hidden Legal Risks in The Bryn Mawr School's Terms & Conditions

When we examined The Bryn Mawr School’s online privacy policy and terms, our analysis revealed several critical legal and logical gaps that could expose the institution to significant regulatory fines and reputational harm. With privacy fines under GDPR reaching €20 million or 4% of annual revenue, and CCPA violations costing up to $7,500 per incident, even a single oversight can have a substantial financial impact. Below, we highlight four key issues that, if addressed, would significantly strengthen the school’s legal framework and reduce exposure to costly litigation or enforcement actions.

1. Overbroad Data Usage Permissions The policy currently states: "We may use the personal and technical information we collect for any lawful purpose. These purposes include, but are not limited to..." This language is overly broad and fails to specify the precise legal bases for data processing, as required by GDPR and CCPA. Such ambiguity increases the risk of regulatory scrutiny and potential fines for non-compliance.

Legal Analysis

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We maycollect and use the personal and technical information we collectsolely for any lawful purpose. Thesethe specific purposes includeoutlined in this section, but are not limited to, the following: To provide the School’s services,in accordance with applicable privacy laws including to process applications for admission, create studentGDPR and parent directoriesCCPA, and register you or your child for School programs and services; To respond to your inquiries and requests; To fundraise and process financial donations; To communicateonly with website visitors, students, parents, applicants, alumni, and others; To provide updates, surveys, and other content that may be of interest to you; For business purposes,appropriate legal basis such as analyticsconsent, researchcontractual necessity, advertising and marketing, payment processing, and operational purposes; To maintain, operate, customize, and improve the Service; To comply with law enforcement and maintain the security of our Service and our School; or As otherwise disclosed at the time of collection orlegitimate interest. Any additional use will be disclosed and subject to renewed consent where required by law.

Legal Explanation

The original clause is overly broad and does not specify the legal bases for processing, risking non-compliance with GDPR and CCPA. The revision narrows permissible uses, clarifies compliance, and ensures lawful processing.

2. Insufficient Parental Consent Mechanisms for Children’s Data The policy allows The Bryn Mawr School to provide consent on behalf of parents for students under 13 when using third-party applications. However, COPPA (Children’s Online Privacy Protection Act) and similar state laws require verifiable parental consent and clear disclosures. Failure to implement robust consent mechanisms could result in regulatory action, with COPPA fines reaching $43,792 per violation.

Legal Analysis

critical Risk

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In cases where we enableWhere students under age 13 tomay provide personal information directly to third parties through suchvia integrated applications, The Bryn Mawr School has reviewed the third party and providedwill obtain verifiable parental consent on behalf of the students’in accordance with COPPA and applicable state laws, and provide clear disclosures to parents or guardians forregarding the third parties’nature and scope of data collection and sharing.

Legal Explanation

COPPA requires verifiable parental consent and clear disclosures for children’s data. The revision ensures compliance and reduces risk of regulatory fines.

3. Vague Data Deletion Rights and Limitations While the policy allows users to request deletion of their data, it reserves broad exceptions: "Our ability to delete the requested data is subject to certain conditions, including any legal obligations... or that it is not unreasonably burdensome for us to delete the data." This language is vague and lacks clear criteria, risking non-compliance with CCPA and GDPR data subject rights. Ambiguity here could lead to complaints, investigations, and class action exposure.

Legal Analysis

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Our ability toWe will delete the requestedyour personal data upon verified request, except where retention is subject to certain conditionsrequired by law (e.g., including anyfor regulatory, contractual, or legal obligations that require us to retain). Any denial of a deletion request will be accompanied by a specific explanation referencing the data, our ability to reasonably associate the data with you and that it is not unreasonably burdensome for us to delete the dataapplicable legal basis or technical limitation.

Legal Explanation

The original clause is vague and does not provide clear criteria for refusing deletion requests, risking non-compliance with CCPA and GDPR. The revision clarifies the process and ensures transparency.

4. Unclear Third-Party Data Sharing and Accountability The policy describes sharing information with third parties, including integrated web applications and advertising providers, but places responsibility for privacy compliance on users: "Your interactions with third-party companies as described in this section and your use of their features are governed by the privacy policies of the companies that provide those features." This approach may not satisfy GDPR or CCPA requirements for due diligence and joint responsibility, exposing the school to liability if third parties mishandle data.

Legal Analysis

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Your interactions withWe conduct due diligence on third-party companies as described in this sectionservice providers and your userequire contractual assurances of theircompliance with applicable privacy laws. While your interactions with third-party features are governed by thesubject to their privacy policies of the companies, The Bryn Mawr School remains responsible for ensuring that provide those featuresthird-party data processing meets legal requirements. We encourage you to carefully read the privacy policies of these companies.

Legal Explanation

GDPR and CCPA require data controllers to ensure third-party processors comply with privacy obligations. The revision clarifies shared responsibility and strengthens enforceability.

Conclusion: Proactive Legal Safeguards Are Essential Our analysis demonstrates that addressing these gaps is not just a matter of best practice—it’s a financial and reputational imperative. By clarifying data usage, strengthening parental consent, specifying deletion rights, and ensuring third-party accountability, The Bryn Mawr School can mitigate regulatory risks and protect its community.

This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.

Are your organization’s data practices ready for the next audit? How would a regulatory investigation impact your operations? What proactive steps can you take to close compliance gaps before they become costly problems?