WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a) The provisions of sections 1 through 9, and amendments thereto, shall be known and may be cited as the app storeApp store"App store" means a publicly available website, software application or electronic service that allows account holders to download apps from third-party developers onto a mobile device.Sec. 2(a)(6) accountability act.
(b) The provisions of this section shall be effective on and after January 1, 2027.
This section establishes the short title of the act as the App Store Accountability Act and sets the effective date for this section as January 1, 2027. It creates no compliance obligations.
(a)(1)–(21) As used in sections 1 through 9, and amendments thereto: (1) "Account holderAccount holder"Account holder" means the individual who is associated with the mobile device.Sec. 2(a)(1)" means the individual who is associated with the mobile deviceMobile device"Mobile device" means a phone or general-purpose tablet that: (A) Provides cellular or wireless connectivity; (B) is capable of connecting to the internet; (C) runs a mobile operating system; and (D) is capable of running apps through such mobile operating system.Sec. 2(a)(14). (2) "Age categoryAge category"Age category" means one of the following categories of individuals based on age: (A) "Child" means an individual who is under 13 years of age; (B) "younger teenager" means an individual who is at least 13 years of age and less than 16 years of age; (C) "older teenager" means an individual who is at least 16 years of age and less than 18 years of age; and (D) "adult" means an individual who is at least 18 years of age.Sec. 2(a)(2)" means one of the following categories of individuals based on age: (A) "Child" means an individual who is under 13 years of age; (B) "younger teenager" means an individual who is at least 13 years of age and less than 16 years of age; (C) "older teenager" means an individual who is at least 16 years of age and less than 18 years of age; and (D) "adult" means an individual who is at least 18 years of age. (3) "Age category dataAge category data"Age category data" means information about an account holder's age category that is collected by an app store provider and shared with a developer.Sec. 2(a)(3)" means information about an account holderAccount holder"Account holder" means the individual who is associated with the mobile device.Sec. 2(a)(1)'s age categoryAge category"Age category" means one of the following categories of individuals based on age: (A) "Child" means an individual who is under 13 years of age; (B) "younger teenager" means an individual who is at least 13 years of age and less than 16 years of age; (C) "older teenager" means an individual who is at least 16 years of age and less than 18 years of age; and (D) "adult" means an individual who is at least 18 years of age.Sec. 2(a)(2) that is collected by an app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) and shared with a developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10). (4) "Age ratingAge rating"Age rating" means one or more classifications that assess the suitability of an app's content and functions for different age groups.Sec. 2(a)(4)" means one or more classifications that assess the suitability of an appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5)'s content and functions for different age groups. (5) "AppApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5)" means a software application or electronic service that a user may run or direct on a mobile deviceMobile device"Mobile device" means a phone or general-purpose tablet that: (A) Provides cellular or wireless connectivity; (B) is capable of connecting to the internet; (C) runs a mobile operating system; and (D) is capable of running apps through such mobile operating system.Sec. 2(a)(14), including pre-installed applicationsPre-installed applications"Pre-installed applications" means any app, or portion thereof, that is present on a mobile device at the time of purchase, initial activation or first use by the consumer, including browsers, search engines and messaging but excluding core operating system functions, essential device drivers and applications necessary for basic device operation such as phone, settings and emergency services applications. "Pre-installed applications" includes apps, or portions thereof, installed or partially installed by the device manufacturer, wireless service provider, retailer or any other party prior to purchase, initial activation or first use by the consumer and which may be updated thereafter.Sec. 2(a)(19). (6) "App storeApp store"App store" means a publicly available website, software application or electronic service that allows account holders to download apps from third-party developers onto a mobile device.Sec. 2(a)(6)" means a publicly available website, software application or electronic service that allows account holdersAccount holder"Account holder" means the individual who is associated with the mobile device.Sec. 2(a)(1) to download appsApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5) from third-party developersDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) onto a mobile deviceMobile device"Mobile device" means a phone or general-purpose tablet that: (A) Provides cellular or wireless connectivity; (B) is capable of connecting to the internet; (C) runs a mobile operating system; and (D) is capable of running apps through such mobile operating system.Sec. 2(a)(14). (7) "App store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7)" means a person that owns, operates or controls an app storeApp store"App store" means a publicly available website, software application or electronic service that allows account holders to download apps from third-party developers onto a mobile device.Sec. 2(a)(6) that allows account holdersAccount holder"Account holder" means the individual who is associated with the mobile device.Sec. 2(a)(1) located in this state to download appsApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5) onto a mobile deviceMobile device"Mobile device" means a phone or general-purpose tablet that: (A) Provides cellular or wireless connectivity; (B) is capable of connecting to the internet; (C) runs a mobile operating system; and (D) is capable of running apps through such mobile operating system.Sec. 2(a)(14). (8) "Commercially available methodCommercially available method"Commercially available method" means a method that includes affirmative age attestation for minors by someone who is reasonably believed to be a parent or legal guardian and requires other information collected in the ordinary course of account creation or use.Sec. 2(a)(8)" means a method that includes affirmative age attestation for minorsMinor"Minor" means an individual under 18 years of age unless the individual is married or legally emancipated.Sec. 2(a)(12) by someone who is reasonably believed to be a parentParent"Parent" means, with respect to a minor, an individual who is reasonably believed to be a parent, legal guardian, individual with legal custody or any other individual who has the legal authority to make decisions on behalf of the minor under applicable state law.Sec. 2(a)(16) or legal guardian and requires other information collected in the ordinary course of account creation or use. (9) "Content descriptionContent description"Content description" means a description of the specific content elements or functions that informs an app's age rating.Sec. 2(a)(9)" means a description of the specific content elements or functions that informs an appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5)'s age ratingAge rating"Age rating" means one or more classifications that assess the suitability of an app's content and functions for different age groups.Sec. 2(a)(4). (10) "DeveloperDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10)" means a person that owns or controls an appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5) made available through an app storeApp store"App store" means a publicly available website, software application or electronic service that allows account holders to download apps from third-party developers onto a mobile device.Sec. 2(a)(6) or a pre-installed application. (11) "In-app purchaseIn-app purchase"In-app purchase" means a charge associated with any user conduct within an app and billed by an app store, including, but not limited to, the acquisition of virtual currency, digital goods, digital services or other apps.Sec. 2(a)(11)" means a charge associated with any user conduct within an appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5) and billed by an app storeApp store"App store" means a publicly available website, software application or electronic service that allows account holders to download apps from third-party developers onto a mobile device.Sec. 2(a)(6), including, but not limited to, the acquisition of virtual currency, digital goods, digital services or other appsApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5). (12) "MinorMinor"Minor" means an individual under 18 years of age unless the individual is married or legally emancipated.Sec. 2(a)(12)" means an individual under 18 years of age unless the individual is married or legally emancipated. (13) "Minor accountMinor account"Minor account" means an account with an app store provider that is established by an individual who is a minor.Sec. 2(a)(13)" means an account with an app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) that is established by an individual who is a minorMinor"Minor" means an individual under 18 years of age unless the individual is married or legally emancipated.Sec. 2(a)(12). (14) "Mobile deviceMobile device"Mobile device" means a phone or general-purpose tablet that: (A) Provides cellular or wireless connectivity; (B) is capable of connecting to the internet; (C) runs a mobile operating system; and (D) is capable of running apps through such mobile operating system.Sec. 2(a)(14)" means a phone or general-purpose tablet that: (A) Provides cellular or wireless connectivity; (B) is capable of connecting to the internet; (C) runs a mobile operating systemMobile operating system"Mobile operating system" means software that: (A) Manages mobile device hardware resources; (B) provides common services for mobile device programs; (C) controls memory allocation; and (D) provides interfaces for apps to access device functionality.Sec. 2(a)(15); and (D) is capable of running appsApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5) through such mobile operating systemMobile operating system"Mobile operating system" means software that: (A) Manages mobile device hardware resources; (B) provides common services for mobile device programs; (C) controls memory allocation; and (D) provides interfaces for apps to access device functionality.Sec. 2(a)(15). (15) "Mobile operating systemMobile operating system"Mobile operating system" means software that: (A) Manages mobile device hardware resources; (B) provides common services for mobile device programs; (C) controls memory allocation; and (D) provides interfaces for apps to access device functionality.Sec. 2(a)(15)" means software that: (A) Manages mobile deviceMobile device"Mobile device" means a phone or general-purpose tablet that: (A) Provides cellular or wireless connectivity; (B) is capable of connecting to the internet; (C) runs a mobile operating system; and (D) is capable of running apps through such mobile operating system.Sec. 2(a)(14) hardware resources; (B) provides common services for mobile deviceMobile device"Mobile device" means a phone or general-purpose tablet that: (A) Provides cellular or wireless connectivity; (B) is capable of connecting to the internet; (C) runs a mobile operating system; and (D) is capable of running apps through such mobile operating system.Sec. 2(a)(14) programs; (C) controls memory allocation; and (D) provides interfaces for appsApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5) to access device functionality. (16) "ParentParent"Parent" means, with respect to a minor, an individual who is reasonably believed to be a parent, legal guardian, individual with legal custody or any other individual who has the legal authority to make decisions on behalf of the minor under applicable state law.Sec. 2(a)(16)" means, with respect to a minorMinor"Minor" means an individual under 18 years of age unless the individual is married or legally emancipated.Sec. 2(a)(12), an individual who is reasonably believed to be a parentParent"Parent" means, with respect to a minor, an individual who is reasonably believed to be a parent, legal guardian, individual with legal custody or any other individual who has the legal authority to make decisions on behalf of the minor under applicable state law.Sec. 2(a)(16), legal guardian, individual with legal custody or any other individual who has the legal authority to make decisions on behalf of the minorMinor"Minor" means an individual under 18 years of age unless the individual is married or legally emancipated.Sec. 2(a)(12) under applicable state law. (17) "Parent accountParent account"Parent account" means an account with an app store provider that: (A) Is verified to be established by an individual who the app store provider has determined through the app store provider's age verification methods is at least 18 years of age, married or legally emancipated; and (B) may be affiliated with one or more minor accounts.Sec. 2(a)(17)" means an account with an app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) that: (A) Is verified to be established by an individual who the app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) has determined through the app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7)'s age verification methods is at least 18 years of age, married or legally emancipated; and (B) may be affiliated with one or more minor accountsMinor account"Minor account" means an account with an app store provider that is established by an individual who is a minor.Sec. 2(a)(13). (18) "Parental consent disclosureParental consent disclosure"Parental consent disclosure" means the following information that an app store provider is required to clearly and conspicuously provide to the holder of a parent account prior to obtaining parental consent: (A) The age rating of the app or in-app purchase, if any such age rating exists; (B) the content description of the app or in-app purchase, if any such description exists; (C) a description of the personal data: (i) Collected by the app from an account holder; and (ii) shared by the app with a third party; and (D) the methods implemented by the developer to protect the personal data if such personal data is collected.Sec. 2(a)(18)" means the following information that an app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) is required to clearly and conspicuously provide to the holder of a parent accountParent account"Parent account" means an account with an app store provider that: (A) Is verified to be established by an individual who the app store provider has determined through the app store provider's age verification methods is at least 18 years of age, married or legally emancipated; and (B) may be affiliated with one or more minor accounts.Sec. 2(a)(17) prior to obtaining parental consent: (A) The age rating of the appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5) or in-app purchaseIn-app purchase"In-app purchase" means a charge associated with any user conduct within an app and billed by an app store, including, but not limited to, the acquisition of virtual currency, digital goods, digital services or other apps.Sec. 2(a)(11), if any such age ratingAge rating"Age rating" means one or more classifications that assess the suitability of an app's content and functions for different age groups.Sec. 2(a)(4) exists; (B) the content description of the appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5) or in-app purchaseIn-app purchase"In-app purchase" means a charge associated with any user conduct within an app and billed by an app store, including, but not limited to, the acquisition of virtual currency, digital goods, digital services or other apps.Sec. 2(a)(11), if any such description exists; (C) a description of the personal data: (i) Collected by the appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5) from an account holderAccount holder"Account holder" means the individual who is associated with the mobile device.Sec. 2(a)(1); and (ii) shared by the appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5) with a third party; and (D) the methods implemented by the developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) to protect the personal data if such personal data is collected. (19) "Pre-installed applicationsPre-installed applications"Pre-installed applications" means any app, or portion thereof, that is present on a mobile device at the time of purchase, initial activation or first use by the consumer, including browsers, search engines and messaging but excluding core operating system functions, essential device drivers and applications necessary for basic device operation such as phone, settings and emergency services applications. "Pre-installed applications" includes apps, or portions thereof, installed or partially installed by the device manufacturer, wireless service provider, retailer or any other party prior to purchase, initial activation or first use by the consumer and which may be updated thereafter.Sec. 2(a)(19)" means any appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5), or portion thereof, that is present on a mobile deviceMobile device"Mobile device" means a phone or general-purpose tablet that: (A) Provides cellular or wireless connectivity; (B) is capable of connecting to the internet; (C) runs a mobile operating system; and (D) is capable of running apps through such mobile operating system.Sec. 2(a)(14) at the time of purchase, initial activation or first use by the consumer, including browsers, search engines and messaging but excluding core operating system functions, essential device drivers and applications necessary for basic device operation such as phone, settings and emergency services applications. "Pre-installed applicationsPre-installed applications"Pre-installed applications" means any app, or portion thereof, that is present on a mobile device at the time of purchase, initial activation or first use by the consumer, including browsers, search engines and messaging but excluding core operating system functions, essential device drivers and applications necessary for basic device operation such as phone, settings and emergency services applications. "Pre-installed applications" includes apps, or portions thereof, installed or partially installed by the device manufacturer, wireless service provider, retailer or any other party prior to purchase, initial activation or first use by the consumer and which may be updated thereafter.Sec. 2(a)(19)" includes appsApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5), or portions thereof, installed or partially installed by the device manufacturer, wireless service provider, retailer or any other party prior to purchase, initial activation or first use by the consumer and which may be updated thereafter. (20) "Significant changeSignificant change"Significant change" means a material modification to an app's terms of service or privacy policy that materially: (A) Changes the categories of data collected, stored or shared; (B) alters the app's age rating or content descriptions; or (C) introduces: (i) In-app purchases where no in-app purchases were previously present; or (ii) advertisements where no advertisements were previously present in the app.Sec. 2(a)(20)" means a material modification to an appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5)'s terms of service or privacy policy that materially: (A) Changes the categories of data collected, stored or shared; (B) alters the appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5)'s age ratingAge rating"Age rating" means one or more classifications that assess the suitability of an app's content and functions for different age groups.Sec. 2(a)(4) or content descriptionsContent description"Content description" means a description of the specific content elements or functions that informs an app's age rating.Sec. 2(a)(9); or (C) introduces: (i) In-app purchasesIn-app purchase"In-app purchase" means a charge associated with any user conduct within an app and billed by an app store, including, but not limited to, the acquisition of virtual currency, digital goods, digital services or other apps.Sec. 2(a)(11) where no in-app purchasesIn-app purchase"In-app purchase" means a charge associated with any user conduct within an app and billed by an app store, including, but not limited to, the acquisition of virtual currency, digital goods, digital services or other apps.Sec. 2(a)(11) were previously present; or (ii) advertisements where no advertisements were previously present in the appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5). (21) "Verifiable parental consentVerifiable parental consent"Verifiable parental consent" means authorization that: (A) Is provided by a parent account; (B) is given after the app store provider has clearly and conspicuously provided the parental consent disclosure as part of the app download, purchase or in-app purchase process; and (C) requires the parent account holder to make an affirmative choice to grant or decline consent.Sec. 2(a)(21)" means authorization that: (A) Is provided by a parent accountParent account"Parent account" means an account with an app store provider that: (A) Is verified to be established by an individual who the app store provider has determined through the app store provider's age verification methods is at least 18 years of age, married or legally emancipated; and (B) may be affiliated with one or more minor accounts.Sec. 2(a)(17); (B) is given after the app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) has clearly and conspicuously provided the parental consent disclosureParental consent disclosure"Parental consent disclosure" means the following information that an app store provider is required to clearly and conspicuously provide to the holder of a parent account prior to obtaining parental consent: (A) The age rating of the app or in-app purchase, if any such age rating exists; (B) the content description of the app or in-app purchase, if any such description exists; (C) a description of the personal data: (i) Collected by the app from an account holder; and (ii) shared by the app with a third party; and (D) the methods implemented by the developer to protect the personal data if such personal data is collected.Sec. 2(a)(18) as part of the appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5) download, purchase or in-app purchaseIn-app purchase"In-app purchase" means a charge associated with any user conduct within an app and billed by an app store, including, but not limited to, the acquisition of virtual currency, digital goods, digital services or other apps.Sec. 2(a)(11) process; and (C) requires the parentParent"Parent" means, with respect to a minor, an individual who is reasonably believed to be a parent, legal guardian, individual with legal custody or any other individual who has the legal authority to make decisions on behalf of the minor under applicable state law.Sec. 2(a)(16) account holderAccount holder"Account holder" means the individual who is associated with the mobile device.Sec. 2(a)(1) to make an affirmative choice to grant or decline consent.
(b) The provisions of this section shall be effective on and after January 1, 2027.
Section 2 defines 21 terms used throughout the act. Key defined terms include age category (a four-tier system: child under 13, younger teenager 13–15, older teenager 16–17, and adult 18+), app store provider, developer, minor, verifiable parental consent, and parental consent disclosure. The definition of commercially available method was amended by Senate Committee to require affirmative age attestation for minors by someone reasonably believed to be a parent or legal guardian. The definitions section creates no independent compliance obligations.
(a) 1 At the time an individual who is located in this state creates an account with an app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7), or by December 31, 2026, for accounts created prior to July 1, 2026, such app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) shall: (1) Request age categoryAge category"Age category" means one of the following categories of individuals based on age: (A) "Child" means an individual who is under 13 years of age; (B) "younger teenager" means an individual who is at least 13 years of age and less than 16 years of age; (C) "older teenager" means an individual who is at least 16 years of age and less than 18 years of age; and (D) "adult" means an individual who is at least 18 years of age.Sec. 2(a)(2) information from the individual; and (2) verify the individual's age categoryAge category"Age category" means one of the following categories of individuals based on age: (A) "Child" means an individual who is under 13 years of age; (B) "younger teenager" means an individual who is at least 13 years of age and less than 16 years of age; (C) "older teenager" means an individual who is at least 16 years of age and less than 18 years of age; and (D) "adult" means an individual who is at least 18 years of age.Sec. 2(a)(2) using: (A) Commercially available methodsCommercially available method"Commercially available method" means a method that includes affirmative age attestation for minors by someone who is reasonably believed to be a parent or legal guardian and requires other information collected in the ordinary course of account creation or use.Sec. 2(a)(8) that are reasonably designed to ensure accuracy; or (B) an age verification method that complies with rules and regulations adopted by the attorney general.
(b) 2 If an app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) determines an account has been created by a minorMinor"Minor" means an individual under 18 years of age unless the individual is married or legally emancipated.Sec. 2(a)(12), such app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) shall: (1) Require that such account be affiliated with a parent accountParent account"Parent account" means an account with an app store provider that: (A) Is verified to be established by an individual who the app store provider has determined through the app store provider's age verification methods is at least 18 years of age, married or legally emancipated; and (B) may be affiliated with one or more minor accounts.Sec. 2(a)(17); and (2) obtain verifiable parental consentVerifiable parental consent"Verifiable parental consent" means authorization that: (A) Is provided by a parent account; (B) is given after the app store provider has clearly and conspicuously provided the parental consent disclosure as part of the app download, purchase or in-app purchase process; and (C) requires the parent account holder to make an affirmative choice to grant or decline consent.Sec. 2(a)(21) from the holder of the affiliated parent accountParent account"Parent account" means an account with an app store provider that: (A) Is verified to be established by an individual who the app store provider has determined through the app store provider's age verification methods is at least 18 years of age, married or legally emancipated; and (B) may be affiliated with one or more minor accounts.Sec. 2(a)(17) each time before allowing the minorMinor"Minor" means an individual under 18 years of age unless the individual is married or legally emancipated.Sec. 2(a)(12) to: (A) Download an appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5); (B) purchase an appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5); or (C) make an in-app purchaseIn-app purchase"In-app purchase" means a charge associated with any user conduct within an app and billed by an app store, including, but not limited to, the acquisition of virtual currency, digital goods, digital services or other apps.Sec. 2(a)(11).
(c) 3 Upon receiving notice of a significant changeSignificant change"Significant change" means a material modification to an app's terms of service or privacy policy that materially: (A) Changes the categories of data collected, stored or shared; (B) alters the app's age rating or content descriptions; or (C) introduces: (i) In-app purchases where no in-app purchases were previously present; or (ii) advertisements where no advertisements were previously present in the app.Sec. 2(a)(20) in an appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5) from a developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10), an app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) shall notify the account holder of such significant changeSignificant change"Significant change" means a material modification to an app's terms of service or privacy policy that materially: (A) Changes the categories of data collected, stored or shared; (B) alters the app's age rating or content descriptions; or (C) introduces: (i) In-app purchases where no in-app purchases were previously present; or (ii) advertisements where no advertisements were previously present in the app.Sec. 2(a)(20), and, if the account holderAccount holder"Account holder" means the individual who is associated with the mobile device.Sec. 2(a)(1) is a minorMinor"Minor" means an individual under 18 years of age unless the individual is married or legally emancipated.Sec. 2(a)(12), such app store providersApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) shall notify the holder of the affiliated parent accountParent account"Parent account" means an account with an app store provider that: (A) Is verified to be established by an individual who the app store provider has determined through the app store provider's age verification methods is at least 18 years of age, married or legally emancipated; and (B) may be affiliated with one or more minor accounts.Sec. 2(a)(17) and obtain verifiable parental consentVerifiable parental consent"Verifiable parental consent" means authorization that: (A) Is provided by a parent account; (B) is given after the app store provider has clearly and conspicuously provided the parental consent disclosure as part of the app download, purchase or in-app purchase process; and (C) requires the parent account holder to make an affirmative choice to grant or decline consent.Sec. 2(a)(21) before providing renewed access to the significantly changed version of such appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5).
(d) 4 Upon receipt of a request made pursuant to section 4, and amendments thereto, including requests made for pre-installed applicationsPre-installed applications"Pre-installed applications" means any app, or portion thereof, that is present on a mobile device at the time of purchase, initial activation or first use by the consumer, including browsers, search engines and messaging but excluding core operating system functions, essential device drivers and applications necessary for basic device operation such as phone, settings and emergency services applications. "Pre-installed applications" includes apps, or portions thereof, installed or partially installed by the device manufacturer, wireless service provider, retailer or any other party prior to purchase, initial activation or first use by the consumer and which may be updated thereafter.Sec. 2(a)(19), an app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) shall provide the requesting developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) age category dataAge category data"Age category data" means information about an account holder's age category that is collected by an app store provider and shared with a developer.Sec. 2(a)(3) for the specified account holderAccount holder"Account holder" means the individual who is associated with the mobile device.Sec. 2(a)(1) and the status of verifiable parental consentVerifiable parental consent"Verifiable parental consent" means authorization that: (A) Is provided by a parent account; (B) is given after the app store provider has clearly and conspicuously provided the parental consent disclosure as part of the app download, purchase or in-app purchase process; and (C) requires the parent account holder to make an affirmative choice to grant or decline consent.Sec. 2(a)(21) for the specified minor accountMinor account"Minor account" means an account with an app store provider that is established by an individual who is a minor.Sec. 2(a)(13). Upon request by the developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10), an app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) shall take reasonable measures to facilitate verifiable parental consentVerifiable parental consent"Verifiable parental consent" means authorization that: (A) Is provided by a parent account; (B) is given after the app store provider has clearly and conspicuously provided the parental consent disclosure as part of the app download, purchase or in-app purchase process; and (C) requires the parent account holder to make an affirmative choice to grant or decline consent.Sec. 2(a)(21) for use of a pre-installed application.
(e) 5 An app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) shall provide a mechanism for the holder of a parent accountParent account"Parent account" means an account with an app store provider that: (A) Is verified to be established by an individual who the app store provider has determined through the app store provider's age verification methods is at least 18 years of age, married or legally emancipated; and (B) may be affiliated with one or more minor accounts.Sec. 2(a)(17) to withdraw parental consent. If parental consent is withdrawn, the app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) shall notify the appropriate developer of such withdrawal.
(f) 6 An app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) shall protect age category dataAge category data"Age category data" means information about an account holder's age category that is collected by an app store provider and shared with a developer.Sec. 2(a)(3) and any associated verification data by: (1) Limiting collection and processing to data necessary for: (A) Verifying an account holderAccount holder"Account holder" means the individual who is associated with the mobile device.Sec. 2(a)(1)'s age categoryAge category"Age category" means one of the following categories of individuals based on age: (A) "Child" means an individual who is under 13 years of age; (B) "younger teenager" means an individual who is at least 13 years of age and less than 16 years of age; (C) "older teenager" means an individual who is at least 16 years of age and less than 18 years of age; and (D) "adult" means an individual who is at least 18 years of age.Sec. 2(a)(2); (B) obtaining verifiable parental consentVerifiable parental consent"Verifiable parental consent" means authorization that: (A) Is provided by a parent account; (B) is given after the app store provider has clearly and conspicuously provided the parental consent disclosure as part of the app download, purchase or in-app purchase process; and (C) requires the parent account holder to make an affirmative choice to grant or decline consent.Sec. 2(a)(21); and (C) maintaining compliance records; and (2) transmitting age category dataAge category data"Age category data" means information about an account holder's age category that is collected by an app store provider and shared with a developer.Sec. 2(a)(3) using industry-standard encryption protocols that ensure data integrity and data confidentiality.
(g) 7 An app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) shall not: (1) Enforce contract terms or terms of service against a minorMinor"Minor" means an individual under 18 years of age unless the individual is married or legally emancipated.Sec. 2(a)(12) unless the app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) has obtained verifiable parental consentVerifiable parental consent"Verifiable parental consent" means authorization that: (A) Is provided by a parent account; (B) is given after the app store provider has clearly and conspicuously provided the parental consent disclosure as part of the app download, purchase or in-app purchase process; and (C) requires the parent account holder to make an affirmative choice to grant or decline consent.Sec. 2(a)(21); (2) knowingly misrepresent the information in the parental consent disclosureParental consent disclosure"Parental consent disclosure" means the following information that an app store provider is required to clearly and conspicuously provide to the holder of a parent account prior to obtaining parental consent: (A) The age rating of the app or in-app purchase, if any such age rating exists; (B) the content description of the app or in-app purchase, if any such description exists; (C) a description of the personal data: (i) Collected by the app from an account holder; and (ii) shared by the app with a third party; and (D) the methods implemented by the developer to protect the personal data if such personal data is collected.Sec. 2(a)(18); or (3) share age category dataAge category data"Age category data" means information about an account holder's age category that is collected by an app store provider and shared with a developer.Sec. 2(a)(3) or any associated data except as required by sections 1 through 8, and amendments thereto, or as otherwise required by law.
(h) The provisions of this section shall be effective on and after January 1, 2027.
Section 3 is the core obligation section for app store providers. It requires providers to request and verify age category information for all account holders at account creation (or by December 31, 2026, for pre-existing accounts). When an account is determined to belong to a minor, the provider must affiliate it with a parent account and obtain verifiable parental consent before each app download, purchase, or in-app purchase.
The section also imposes a significant-change notification obligation: when a developer reports a significant change to an app, the provider must notify the account holder and, for minors, obtain renewed parental consent before providing access to the changed version. Additional obligations address facilitating developer access to age category data and parental consent status, providing a mechanism for parental consent withdrawal, and protecting age category data through data minimization and encryption. The section also prohibits enforcement of contracts against minors without parental consent, knowing misrepresentation in disclosures, and sharing age category data beyond what the act requires.
(a)(1)–(3) 8 A developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) shall: (1) Submit a request to the app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) to verify, through the app storeApp store"App store" means a publicly available website, software application or electronic service that allows account holders to download apps from third-party developers onto a mobile device.Sec. 2(a)(6)'s data sharing methods, the age categoryAge category"Age category" means one of the following categories of individuals based on age: (A) "Child" means an individual who is under 13 years of age; (B) "younger teenager" means an individual who is at least 13 years of age and less than 16 years of age; (C) "older teenager" means an individual who is at least 16 years of age and less than 18 years of age; and (D) "adult" means an individual who is at least 18 years of age.Sec. 2(a)(2) data of account holdersAccount holder"Account holder" means the individual who is associated with the mobile device.Sec. 2(a)(1) located in this state and, for a minor accountMinor account"Minor account" means an account with an app store provider that is established by an individual who is a minor.Sec. 2(a)(13), whether verifiable parental consentVerifiable parental consent"Verifiable parental consent" means authorization that: (A) Is provided by a parent account; (B) is given after the app store provider has clearly and conspicuously provided the parental consent disclosure as part of the app download, purchase or in-app purchase process; and (C) requires the parent account holder to make an affirmative choice to grant or decline consent.Sec. 2(a)(21) has been obtained when: (A) An account holderAccount holder"Account holder" means the individual who is associated with the mobile device.Sec. 2(a)(1): (i) Downloads an appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5); (ii) purchases an appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5); or (iii) launches a pre-installed application for the first time; (B) implementing a significant changeSignificant change"Significant change" means a material modification to an app's terms of service or privacy policy that materially: (A) Changes the categories of data collected, stored or shared; (B) alters the app's age rating or content descriptions; or (C) introduces: (i) In-app purchases where no in-app purchases were previously present; or (ii) advertisements where no advertisements were previously present in the app.Sec. 2(a)(20) to an appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5); or (C) necessary to comply with applicable law; (2) notify app storeApp store"App store" means a publicly available website, software application or electronic service that allows account holders to download apps from third-party developers onto a mobile device.Sec. 2(a)(6) providers of when there is a significant changeSignificant change"Significant change" means a material modification to an app's terms of service or privacy policy that materially: (A) Changes the categories of data collected, stored or shared; (B) alters the app's age rating or content descriptions; or (C) introduces: (i) In-app purchases where no in-app purchases were previously present; or (ii) advertisements where no advertisements were previously present in the app.Sec. 2(a)(20) to an appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5); and (3) use age category dataAge category data"Age category data" means information about an account holder's age category that is collected by an app store provider and shared with a developer.Sec. 2(a)(3) received from an app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) to: (A) Enforce any developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10)-created, age-related restrictions, safety-related features or defaults; and (B) ensure compliance with applicable laws and rules and regulations.
(b) 9 A developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) may request age category dataAge category data"Age category data" means information about an account holder's age category that is collected by an app store provider and shared with a developer.Sec. 2(a)(3): (A) When there is reasonable suspicion of: (i) Account transfer; or (ii) misuse outside of the age categoryAge category"Age category" means one of the following categories of individuals based on age: (A) "Child" means an individual who is under 13 years of age; (B) "younger teenager" means an individual who is at least 13 years of age and less than 16 years of age; (C) "older teenager" means an individual who is at least 16 years of age and less than 18 years of age; and (D) "adult" means an individual who is at least 18 years of age.Sec. 2(a)(2); or (B) at the time an account holderAccount holder"Account holder" means the individual who is associated with the mobile device.Sec. 2(a)(1) creates a new account with the developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10). (2) A developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) shall not request age category dataAge category data"Age category data" means information about an account holder's age category that is collected by an app store provider and shared with a developer.Sec. 2(a)(3) more than once during each 12-month period when verifying the accuracy of age category dataAge category data"Age category data" means information about an account holder's age category that is collected by an app store provider and shared with a developer.Sec. 2(a)(3) associated with an account holderAccount holder"Account holder" means the individual who is associated with the mobile device.Sec. 2(a)(1) or continued account use within the age categoryAge category"Age category" means one of the following categories of individuals based on age: (A) "Child" means an individual who is under 13 years of age; (B) "younger teenager" means an individual who is at least 13 years of age and less than 16 years of age; (C) "older teenager" means an individual who is at least 16 years of age and less than 18 years of age; and (D) "adult" means an individual who is at least 18 years of age.Sec. 2(a)(2).
(c) 10 When implementing any developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10)-created, age-related restrictions, safety-related features or defaults, a developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) shall use the lowest age categoryAge category"Age category" means one of the following categories of individuals based on age: (A) "Child" means an individual who is under 13 years of age; (B) "younger teenager" means an individual who is at least 13 years of age and less than 16 years of age; (C) "older teenager" means an individual who is at least 16 years of age and less than 18 years of age; and (D) "adult" means an individual who is at least 18 years of age.Sec. 2(a)(2) indicated by: (1) Age category dataAge category data"Age category data" means information about an account holder's age category that is collected by an app store provider and shared with a developer.Sec. 2(a)(3) received from an app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7); or (2) age data independently collected by the developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10).
(d) 11 A developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) shall not: (1) Enforce a contract or terms of service against a minorMinor"Minor" means an individual under 18 years of age unless the individual is married or legally emancipated.Sec. 2(a)(12) unless the developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) has verified with the app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) that verifiable parental consentVerifiable parental consent"Verifiable parental consent" means authorization that: (A) Is provided by a parent account; (B) is given after the app store provider has clearly and conspicuously provided the parental consent disclosure as part of the app download, purchase or in-app purchase process; and (C) requires the parent account holder to make an affirmative choice to grant or decline consent.Sec. 2(a)(21) has been obtained; (2) knowingly misrepresent any information in the parental consent disclosureParental consent disclosure"Parental consent disclosure" means the following information that an app store provider is required to clearly and conspicuously provide to the holder of a parent account prior to obtaining parental consent: (A) The age rating of the app or in-app purchase, if any such age rating exists; (B) the content description of the app or in-app purchase, if any such description exists; (C) a description of the personal data: (i) Collected by the app from an account holder; and (ii) shared by the app with a third party; and (D) the methods implemented by the developer to protect the personal data if such personal data is collected.Sec. 2(a)(18); or (3) share age category dataAge category data"Age category data" means information about an account holder's age category that is collected by an app store provider and shared with a developer.Sec. 2(a)(3) with any person except as permitted by law.
(e) The provisions of this section shall be effective on and after January 1, 2027.
Section 4 imposes obligations on developers (entities that own or control apps distributed through app stores or pre-installed on devices). Developers must submit requests to app store providers to verify age category data and parental consent status at defined trigger points — when an account holder downloads, purchases, or first launches a pre-installed app, when implementing a significant change, or when necessary for legal compliance.
Developers must also notify app store providers of significant changes and use received age category data to enforce age-related restrictions and safety features. When independently collected age data conflicts with app-store-provided data, developers must apply the more protective (lowest) age category. The section limits requests for age data verification to once per 12-month period and prohibits developers from enforcing contracts against minors without verified parental consent, knowingly misrepresenting parental consent disclosures, or sharing age category data beyond what is permitted by law.
12 On or before January 1, 2027, the attorney general shall adopt rules and regulations to establish age verification methods that app store providersApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) may use to verify an account holderAccount holder"Account holder" means the individual who is associated with the mobile device.Sec. 2(a)(1)'s age categoryAge category"Age category" means one of the following categories of individuals based on age: (A) "Child" means an individual who is under 13 years of age; (B) "younger teenager" means an individual who is at least 13 years of age and less than 16 years of age; (C) "older teenager" means an individual who is at least 16 years of age and less than 18 years of age; and (D) "adult" means an individual who is at least 18 years of age.Sec. 2(a)(2) in accordance with section 3, and amendments thereto.
Section 5 directs the attorney general to adopt rules and regulations establishing approved age verification methods by January 1, 2027. This is a governmental rulemaking obligation, not an obligation on private entities, but it establishes the regulatory framework that app store providers will rely on for compliance with Section 3.
(a) A violation of section 3 or 4, and amendments thereto, is an unconscionable act and practice under the Kansas consumer protection act. For purposes of the remedies and penalties provided by the Kansas consumer protection act: (1) The person alleging a violation of section 3 or 4, and amendments thereto, shall be deemed a consumer, and the app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) or developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) that violates such section shall be deemed the supplier; and (2) proof of a consumer transaction shall not be required.
(b) [stricken] A minorMinor"Minor" means an individual under 18 years of age unless the individual is married or legally emancipated.Sec. 2(a)(12), or the parent of a minorMinor"Minor" means an individual under 18 years of age unless the individual is married or legally emancipated.Sec. 2(a)(12), who has been harmed by a violation of section 3 or 4, and amendments thereto, may bring a civil action against an app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) or a developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10). Notwithstanding the provisions of K.S.A. 50-634 and 50-636, and amendments thereto, a person bringing such action may seek the following relief: (1) The greater of actual damages or $1,000 for each violation; (2) punitive damages if the violation was egregious; and (3) reasonable attorney fees and costs of the action.
(c) The attorney general may investigate any alleged violation of section 3 or 4, and amendments thereto, and may bring an action for injunctive relief to enjoin any continuing violation. In addition to any injunctive relief, such action may also seek to impose a civil penalty of not less than $7,500 for each such violation instead of the penalty provided for in K.S.A. 50-636(a), and amendments thereto, and reasonable attorney fees and the costs of the action.
(c) [renumbered] Nothing in this section shall preclude any other available remedies or rights authorized under state or federal law.
(d) The provisions of this section shall be effective on and after January 1, 2027.
Section 6 establishes the enforcement framework. Violations of Sections 3 or 4 are deemed unconscionable acts and practices under the Kansas Consumer Protection Act. The person alleging a violation is deemed a consumer and the violating entity is deemed the supplier, eliminating the need to prove a consumer transaction. The Senate Committee amendment struck the private right of action that would have allowed minors or parents to bring civil actions for the greater of actual damages or $1,000, punitive damages, and attorney fees. The attorney general retains authority to investigate violations, seek injunctive relief, and impose civil penalties of not less than $7,500 per violation, plus attorney fees and costs.
(a) A developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) shall not be liable for a violation of section 4, and amendments thereto, if the developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) demonstrates that the developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10): (1) Relied in good faith on applicable age category dataAge category data"Age category data" means information about an account holder's age category that is collected by an app store provider and shared with a developer.Sec. 2(a)(3) received from an app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7); (2) relied in good faith on notification from an app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) that verifiable parental consentVerifiable parental consent"Verifiable parental consent" means authorization that: (A) Is provided by a parent account; (B) is given after the app store provider has clearly and conspicuously provided the parental consent disclosure as part of the app download, purchase or in-app purchase process; and (C) requires the parent account holder to make an affirmative choice to grant or decline consent.Sec. 2(a)(21) was obtained if the account holderAccount holder"Account holder" means the individual who is associated with the mobile device.Sec. 2(a)(1) was a minorMinor"Minor" means an individual under 18 years of age unless the individual is married or legally emancipated.Sec. 2(a)(12); and (3) complied with the requirements of section 4, and amendments thereto.
(b) In determining an appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5)'s age ratingAge rating"Age rating" means one or more classifications that assess the suitability of an app's content and functions for different age groups.Sec. 2(a)(4) and content descriptionContent description"Content description" means a description of the specific content elements or functions that informs an app's age rating.Sec. 2(a)(9) for purposes of section 4, and amendments thereto, a developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) shall not be liable for a violation of section 4, and amendments thereto, if the developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10): (1) Uses widely adopted industry standards to determine the appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5)'s age categoryAge category"Age category" means one of the following categories of individuals based on age: (A) "Child" means an individual who is under 13 years of age; (B) "younger teenager" means an individual who is at least 13 years of age and less than 16 years of age; (C) "older teenager" means an individual who is at least 16 years of age and less than 18 years of age; and (D) "adult" means an individual who is at least 18 years of age.Sec. 2(a)(2) and content descriptionContent description"Content description" means a description of the specific content elements or functions that informs an app's age rating.Sec. 2(a)(9); and (2) applies such standards consistently and in good faith.
(c) The provisions of this section only apply to actions brought pursuant to section 6, and amendments thereto, and shall not limit the liability of any developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) or app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) under any other applicable state or federal law.
(d) The provisions of this section shall be effective on and after January 1, 2027.
Section 7 creates two safe harbors for developers. First, a developer is not liable for violations of Section 4 if the developer relied in good faith on age category data and parental consent notifications received from the app store provider and otherwise complied with Section 4. Second, a developer is not liable for age rating and content description errors if the developer used widely adopted industry standards and applied them consistently and in good faith. Both safe harbors apply only to enforcement actions under Section 6 and do not limit liability under any other state or federal law.
(a)–(e) Nothing in sections 1 through 7, and amendments thereto, shall be construed to: (a) Prohibit an app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) or developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) from taking reasonable measures to: (1) Block, detect or prevent the distribution of the following to minorsMinor"Minor" means an individual under 18 years of age unless the individual is married or legally emancipated.Sec. 2(a)(12): (A) Unlawful material; (B) obscene material; or (C) other harmful material; (2) block or filter spam; (3) prevent criminal activity; or (4) protect an app storeApp store"App store" means a publicly available website, software application or electronic service that allows account holders to download apps from third-party developers onto a mobile device.Sec. 2(a)(6) or appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5) security; (b) require an app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) to disclose user information to a developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) other than age category dataAge category data"Age category data" means information about an account holder's age category that is collected by an app store provider and shared with a developer.Sec. 2(a)(3) or status of parental consent; (c) allow an app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) or developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) to implement any measures required by sections 1 through 7, and amendments thereto, in a manner that is arbitrary, capricious, anticompetitive or unlawful; (d) require a developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) to collect, retain, reidentify or link any information, except information that is: (1) Necessary to verify age category dataAge category data"Age category data" means information about an account holder's age category that is collected by an app store provider and shared with a developer.Sec. 2(a)(3) as required by section 4, and amendments thereto; and (2) collected, retained, reidentified or linked in the developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10)'s ordinary course of business; or (e) require an app store providerApp store provider"App store provider" means a person that owns, operates or controls an app store that allows account holders located in this state to download apps onto a mobile device.Sec. 2(a)(7) or developerDeveloper"Developer" means a person that owns or controls an app made available through an app store or a pre-installed application.Sec. 2(a)(10) to block access to an appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5) that an account holderAccount holder"Account holder" means the individual who is associated with the mobile device.Sec. 2(a)(1) has downloaded or installed onto a mobile deviceMobile device"Mobile device" means a phone or general-purpose tablet that: (A) Provides cellular or wireless connectivity; (B) is capable of connecting to the internet; (C) runs a mobile operating system; and (D) is capable of running apps through such mobile operating system.Sec. 2(a)(14) prior to July 1, 2026, except access to such appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5) shall be blocked if: (1) The verifiable parental consentVerifiable parental consent"Verifiable parental consent" means authorization that: (A) Is provided by a parent account; (B) is given after the app store provider has clearly and conspicuously provided the parental consent disclosure as part of the app download, purchase or in-app purchase process; and (C) requires the parent account holder to make an affirmative choice to grant or decline consent.Sec. 2(a)(21) for an affiliated minor accountMinor account"Minor account" means an account with an app store provider that is established by an individual who is a minor.Sec. 2(a)(13) has been withdrawn; or (2) there has been a significant changeSignificant change"Significant change" means a material modification to an app's terms of service or privacy policy that materially: (A) Changes the categories of data collected, stored or shared; (B) alters the app's age rating or content descriptions; or (C) introduces: (i) In-app purchases where no in-app purchases were previously present; or (ii) advertisements where no advertisements were previously present in the app.Sec. 2(a)(20) to the appApp"App" means a software application or electronic service that a user may run or direct on a mobile device, including pre-installed applications.Sec. 2(a)(5).
(f) The provisions of this section shall be effective on and after January 1, 2027.
Section 8 is a savings clause that clarifies the act does not prohibit reasonable protective measures (blocking harmful content, preventing spam, preventing crime, protecting security), require disclosure of user information beyond age category data and parental consent status, permit arbitrary or anticompetitive implementation, require developers to collect or retain unnecessary information, or require blocking access to apps downloaded before July 1, 2026 (with exceptions for consent withdrawal and significant changes). This section creates no new compliance obligations.
(a) Sections 1 through 8, and amendments thereto, are declared severable. Any provision of sections 1 through 8, and amendments thereto, or the application thereof to any person or circumstance that is held to be unconstitutional or invalid shall not affect the validity of any remaining provisions of sections 1 through 8, and amendments thereto, or the applicability of such provisions to any person or circumstance.
(b) The provisions of this section shall be effective on and after January 1, 2027.
Section 9 is a standard severability clause declaring that if any provision or application of the act is held unconstitutional or invalid, the remaining provisions remain in effect. This section creates no compliance obligations.
This act shall take effect and be in force from and after its publication in the statute book.
Section 10 provides that the act takes effect upon publication in the statute book. However, each operative section independently specifies an effective date of January 1, 2027.