Nebraska · Legislative Bill · One Hundred Ninth Legislature, Second Session
LB1119
Nebraska Legislative Bill 1119 — An Act relating to the Age-Appropriate Online Design Code Act; to amend sections 87-1301, 87-1302, 87-1305, and 87-1308, Revised Statutes Supplement, 2025; to redefine terms; to change provisions relating to the collection and use of personal data and prohibited acts; to provide additional duties and prohibitions for a covered online service; to harmonize provisions; and to repeal the original sections

Status ● Failed Effective N/A Passage Likelihood L

WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES

How Is This Bill Enforced

Enforcement Authority
The bill itself does not specify enforcement mechanisms. The existing Age-Appropriate Online Design Code Act (§§ 87-1301 to 87-1309) governs enforcement. The bill text does not create or modify any private right of action or designate an enforcement agency.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
The bill does not specify penalties, damages, or remedies. Enforcement provisions are governed by the existing Age-Appropriate Online Design Code Act framework not amended by this bill.

What This Bill Requires

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.

Statutory Text
Analysis & Obligations
Neb. Rev. Stat. § 87-1301
Short title

Sections 87-1301 to 87-1309 and sections 3 and 4 of this act shall be known and may be cited as the Age-Appropriate Online Design Code Act.

This section amends the short title of the Act to incorporate new sections 3 and 4 of this bill into the existing Age-Appropriate Online Design Code Act. No compliance obligations are created.

Neb. Rev. Stat. § 87-1302
Definitions

(1)–(18) 87-1302 For purposes of the Age-Appropriate Online Design Code Act: (1) Actual knowledgeActual knowledgeActual knowledge includes all information and inferences known to the covered online service relating to the age of the individual, including, but not limited to, self-identified age, and any age the covered online service has attributed or associated with the individual for any purpose, including marketing, advertising, or product development. If a covered online service's classification of an individual for purposes of marketing or advertising is inconsistent with the individual's self-identified age, a covered online service shall disregard self-identified age for purposes of the act;Neb. Rev. Stat. § 87-1302(1) includes all information and inferences known to the covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) relating to the age of the individual, including, but not limited to, self-identified age, and any age the covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) has attributed or associated with the individual for any purpose, including marketing, advertising, or product development. If a covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5)'s classification of an individual for purposes of marketing or advertising is inconsistent with the individual's self-identified age, a covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) shall disregard self-identified age for purposes of the act; (2) ChildChildChild means an individual younger than thirteen years of age;Neb. Rev. Stat. § 87-1302(2) means an individual younger than thirteen years of age; (3) Covered design featureCovered design featureCovered design feature means any feature or component of a covered online service that will encourage or increase the frequency, time spent, or activity of a user on the covered online service and includes: (a) Infinite scroll or a design feature where content automatically and continuously loads at the bottom of a screen, other than what the user explicitly prompted, requested, or searched for; (b) Auto-playing video or audio, or a design feature in which a video or audio automatically begins playing when a user navigates to or scrolls through a set of videos without any explicit action on the part of a user indicating the user's desire to watch that specific video or listen to that audio; (c) Quantification of engagement, including, but not limited to, providing a visible count of how many likes, comments, clicks, views, or reactions a user-generated item has received; (d) Gamification, or a design feature that emulates gameplay, including, but not limited to, a streak, badge, or reward that motivates or causes more frequent or more extensive use of an online service through incentives or frequency of use; (e) The use of clustering, timing, or volume of notifications or push alerts, irrespective of content; (f) A design feature in which virtual currencies are used or where digital items are purchased; (g) Image-altering filters or a design feature that facilitates a false perception of an image; (h) Requiring or repeatedly prompting for account creation in order to access publicly available user-generated content; (i) Using ephemerality to prompt the urgent use of an online service; (j) Creating barriers to deleting an account or to removing connections to other users of the service; or (k) A feature that increases usage through the illusion of talking with a human being that seeks to elicit feelings of intimacy from the user;Neb. Rev. Stat. § 87-1302(3) means any feature or component of a covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) that will encourage or increase the frequency, time spent, or activity of a userUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18) on the covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) and includes: (a) Infinite scroll or a design feature where content automatically and continuously loads at the bottom of a screen, other than what the userUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18) explicitly prompted, requested, or searched for; (b) Auto-playing video or audio, or a design feature in which a video or audio automatically begins playing when a userUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18) navigates to or scrolls through a set of videos without any explicit action on the part of a userUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18) indicating the userUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18)'s desire to watch that specific video or listen to that audio; (c) Quantification of engagement, including, but not limited to, providing a visible count of how many likes, comments, clicks, views, or reactions a userUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18)-generated item has received; (d) Gamification, or a design feature that emulates gameplay, including, but not limited to, a streak, badge, or reward that motivates or causes more frequent or more extensive use of an online serviceOnline serviceOnline service means any service, product, or feature that is accessible to the public via the Internet, including a website or application. An online service does not include any of the following: (a) A telecommunications service as defined in 47 U.S.C. 153; (b) A broadband Internet access service as defined in 47 C.F.R. 8.1(b); or (c) The sale, delivery, or use of a physical device;Neb. Rev. Stat. § 87-1302(9) through incentives or frequency of use; (e) The use of clustering, timing, or volume of notifications or push alerts, irrespective of content; (f) A design feature in which virtual currencies are used or where digital items are purchased; (g) Image-altering filters or a design feature that facilitates a false perception of an image; (h) Requiring or repeatedly prompting for account creation in order to access publicly available userUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18)-generated content; (i) Using ephemerality to prompt the urgent use of an online serviceOnline serviceOnline service means any service, product, or feature that is accessible to the public via the Internet, including a website or application. An online service does not include any of the following: (a) A telecommunications service as defined in 47 U.S.C. 153; (b) A broadband Internet access service as defined in 47 C.F.R. 8.1(b); or (c) The sale, delivery, or use of a physical device;Neb. Rev. Stat. § 87-1302(9); (j) Creating barriers to deleting an account or to removing connections to other users of the service; or (k) A feature that increases usage through the illusion of talking with a human being that seeks to elicit feelings of intimacy from the userUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18); (4) Covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) means a userUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18) that a covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) knows to be a minorMinorMinor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8); (5)(a) Covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online serviceOnline serviceOnline service means any service, product, or feature that is accessible to the public via the Internet, including a website or application. An online service does not include any of the following: (a) A telecommunications service as defined in 47 U.S.C. 153; (b) A broadband Internet access service as defined in 47 C.F.R. 8.1(b); or (c) The sale, delivery, or use of a physical device;Neb. Rev. Stat. § 87-1302(9) that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal dataPersonal dataPersonal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11); and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) does not include an online serviceOnline serviceOnline service means any service, product, or feature that is accessible to the public via the Internet, including a website or application. An online service does not include any of the following: (a) A telecommunications service as defined in 47 U.S.C. 153; (b) A broadband Internet access service as defined in 47 C.F.R. 8.1(b); or (c) The sale, delivery, or use of a physical device;Neb. Rev. Stat. § 87-1302(9) with actual knowledgeActual knowledgeActual knowledge includes all information and inferences known to the covered online service relating to the age of the individual, including, but not limited to, self-identified age, and any age the covered online service has attributed or associated with the individual for any purpose, including marketing, advertising, or product development. If a covered online service's classification of an individual for purposes of marketing or advertising is inconsistent with the individual's self-identified age, a covered online service shall disregard self-identified age for purposes of the act;Neb. Rev. Stat. § 87-1302(1) that fewer than two percent of its usersUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18) are minorsMinorMinor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8), provided that, in making such assessment, an online serviceOnline serviceOnline service means any service, product, or feature that is accessible to the public via the Internet, including a website or application. An online service does not include any of the following: (a) A telecommunications service as defined in 47 U.S.C. 153; (b) A broadband Internet access service as defined in 47 C.F.R. 8.1(b); or (c) The sale, delivery, or use of a physical device;Neb. Rev. Stat. § 87-1302(9) shall not be required to collect personal data of usersUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18), and if an online serviceOnline serviceOnline service means any service, product, or feature that is accessible to the public via the Internet, including a website or application. An online service does not include any of the following: (a) A telecommunications service as defined in 47 U.S.C. 153; (b) A broadband Internet access service as defined in 47 C.F.R. 8.1(b); or (c) The sale, delivery, or use of a physical device;Neb. Rev. Stat. § 87-1302(9) collects personal data of usersUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18) for such purpose, it shall not use such personal dataPersonal dataPersonal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11) for other purposes; (6) Dark patternDark patternDark pattern means a user interface designed or manipulated with the effect of substantially subverting or impairing user autonomy, decisionmaking, or choice. Dark pattern includes any practice determined to be a dark pattern by the Federal Trade Commission;Neb. Rev. Stat. § 87-1302(6) means a userUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18) interface designed or manipulated with the effect of substantially subverting or impairing userUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18) autonomy, decisionmaking, or choice. Dark patternDark patternDark pattern means a user interface designed or manipulated with the effect of substantially subverting or impairing user autonomy, decisionmaking, or choice. Dark pattern includes any practice determined to be a dark pattern by the Federal Trade Commission;Neb. Rev. Stat. § 87-1302(6) includes any practice determined to be a dark patternDark patternDark pattern means a user interface designed or manipulated with the effect of substantially subverting or impairing user autonomy, decisionmaking, or choice. Dark pattern includes any practice determined to be a dark pattern by the Federal Trade Commission;Neb. Rev. Stat. § 87-1302(6) by the Federal Trade Commission; (7) Knows to be a childChildChild means an individual younger than thirteen years of age;Neb. Rev. Stat. § 87-1302(2) or knows to be a minorMinorMinor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8) means actual knowledgeActual knowledgeActual knowledge includes all information and inferences known to the covered online service relating to the age of the individual, including, but not limited to, self-identified age, and any age the covered online service has attributed or associated with the individual for any purpose, including marketing, advertising, or product development. If a covered online service's classification of an individual for purposes of marketing or advertising is inconsistent with the individual's self-identified age, a covered online service shall disregard self-identified age for purposes of the act;Neb. Rev. Stat. § 87-1302(1) that the userUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18) is a childChildChild means an individual younger than thirteen years of age;Neb. Rev. Stat. § 87-1302(2) or minorMinorMinor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8), as applicable; (8) MinorMinorMinor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8) means an individual younger than eighteen years of age; (9) Online serviceOnline serviceOnline service means any service, product, or feature that is accessible to the public via the Internet, including a website or application. An online service does not include any of the following: (a) A telecommunications service as defined in 47 U.S.C. 153; (b) A broadband Internet access service as defined in 47 C.F.R. 8.1(b); or (c) The sale, delivery, or use of a physical device;Neb. Rev. Stat. § 87-1302(9) means any service, product, or feature that is accessible to the public via the Internet, including a website or application. An online serviceOnline serviceOnline service means any service, product, or feature that is accessible to the public via the Internet, including a website or application. An online service does not include any of the following: (a) A telecommunications service as defined in 47 U.S.C. 153; (b) A broadband Internet access service as defined in 47 C.F.R. 8.1(b); or (c) The sale, delivery, or use of a physical device;Neb. Rev. Stat. § 87-1302(9) does not include any of the following: (a) A telecommunications service as defined in 47 U.S.C. 153; (b) A broadband Internet access service as defined in 47 C.F.R. 8.1(b); or (c) The sale, delivery, or use of a physical device; (10) Parent has the same meaning as in the federal Children's Online Privacy Protection Act of 1998, 15 U.S.C. 6501 et seq., and the Federal Trade Commission rules implementing such act; (11) Personal dataPersonal dataPersonal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11) means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal dataPersonal dataPersonal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11) does not include publicly available data; (12) Personalized recommendation systemPersonalized recommendation systemPersonalized recommendation system means a fully or partially automated system used to suggest, promote, or rank content, including other users, hashtags, or posts, based on the personal data of users;Neb. Rev. Stat. § 87-1302(12) means a fully or partially automated system used to suggest, promote, or rank content, including other usersUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18), hashtags, or posts, based on the personal data of usersUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18); (13) Precise geolocation informationPrecise geolocation informationPrecise geolocation information means any data that identifies within a radius of one thousand seven hundred fifty feet a covered minor's present or past location or the present or past location of a device that links or is linkable to a covered minor or any data that is derived from a device that is used or intended to be used to locate a covered minor within a radius of one thousand seven hundred fifty feet by means of technology that includes a global positioning system that provides latitude and longitude coordinates. Precise geolocation information does not include the content of communications or any data generated or connected to advanced utility metering infrastructure systems or equipment for use by a utility;Neb. Rev. Stat. § 87-1302(13) means any data that identifies within a radius of one thousand seven hundred fifty feet a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4)'s present or past location or the present or past location of a device that links or is linkable to a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) or any data that is derived from a device that is used or intended to be used to locate a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) within a radius of one thousand seven hundred fifty feet by means of technology that includes a global positioning system that provides latitude and longitude coordinates. Precise geolocation informationPrecise geolocation informationPrecise geolocation information means any data that identifies within a radius of one thousand seven hundred fifty feet a covered minor's present or past location or the present or past location of a device that links or is linkable to a covered minor or any data that is derived from a device that is used or intended to be used to locate a covered minor within a radius of one thousand seven hundred fifty feet by means of technology that includes a global positioning system that provides latitude and longitude coordinates. Precise geolocation information does not include the content of communications or any data generated or connected to advanced utility metering infrastructure systems or equipment for use by a utility;Neb. Rev. Stat. § 87-1302(13) does not include the content of communications or any data generated or connected to advanced utility metering infrastructure systems or equipment for use by a utility; (14) Process means to perform an operation or set of operations by manual or automated means on personal dataPersonal dataPersonal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11). Process includes collecting, using, storing, disclosing, sharing, analyzing, deleting, or modifying personal dataPersonal dataPersonal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11); (15) ProfileProfileProfile means any form of automated processing of personal data to evaluate, analyze, or predict certain aspects relating to a covered minor, including a covered minor's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements;Neb. Rev. Stat. § 87-1302(15) means any form of automated processing of personal dataPersonal dataPersonal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11) to evaluate, analyze, or predict certain aspects relating to a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4), including a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4)'s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements; (16) Publicly available data means data (a) that is lawfully made available from federal, state, or local government records, (b) that a business has a reasonable basis to believe is lawfully made available to the general public by the individual or from widely distributed media, or (c) that is made available by a person to whom the individual has disclosed the data if the individual has not restricted the data to a specific audience. Publicly available data does not mean biometric data collected by a covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) about a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) without the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4)'s knowledge; (17) Targeted advertisingTargeted advertisingTargeted advertising means displaying advertisements to an individual when the advertisement is selected based on personal data obtained or inferred from that individual's activities over time and across nonaffiliated websites or online applications to predict the individual's preferences or interest. Targeted advertising does not include: (a) Advertisements based on activities within a covered online service's own Internet websites or online applications; (b) Advertisements based on the context of an individual's current search query, visit to an Internet website, or use of an online application; (c) Advertisements directed to an individual in response to the individual's request for information or feedback; or (d) Processing personal data solely to measure or report advertising frequency, performance, or reach;Neb. Rev. Stat. § 87-1302(17) means displaying advertisements to an individual when the advertisement is selected based on personal dataPersonal dataPersonal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11) obtained or inferred from that individual's activities over time and across nonaffiliated websites or online applications to predict the individual's preferences or interest. Targeted advertisingTargeted advertisingTargeted advertising means displaying advertisements to an individual when the advertisement is selected based on personal data obtained or inferred from that individual's activities over time and across nonaffiliated websites or online applications to predict the individual's preferences or interest. Targeted advertising does not include: (a) Advertisements based on activities within a covered online service's own Internet websites or online applications; (b) Advertisements based on the context of an individual's current search query, visit to an Internet website, or use of an online application; (c) Advertisements directed to an individual in response to the individual's request for information or feedback; or (d) Processing personal data solely to measure or report advertising frequency, performance, or reach;Neb. Rev. Stat. § 87-1302(17) does not include: (a) Advertisements based on activities within a covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5)'s own Internet websites or online applications; (b) Advertisements based on the context of an individual's current search query, visit to an Internet website, or use of an online application; (c) Advertisements directed to an individual in response to the individual's request for information or feedback; or (d) Processing personal dataPersonal dataPersonal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11) solely to measure or report advertising frequency, performance, or reach; and (18) UserUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18) means, with respect to a covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5), an individual who registers an account or creates a profileProfileProfile means any form of automated processing of personal data to evaluate, analyze, or predict certain aspects relating to a covered minor, including a covered minor's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements;Neb. Rev. Stat. § 87-1302(15) on the covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5).

Section 2 significantly amends the definitions section of the Act. The most consequential changes are: (1) the definition of covered design feature is expanded from five brief categories to eleven detailed categories, now encompassing engagement quantification (likes/views counts), gamification, ephemeral content urgency features, account-deletion barriers, and a feature that increases usage through the illusion of talking with a human being; (2) the definition of covered online service is broadened by removing the prior requirement that 50% of annual revenue derive from data sales — now any entity meeting either the $25 million revenue threshold or the 50,000-consumer data-processing threshold qualifies; and (3) the dark pattern definition removes the prior temporal limitation that restricted inclusion to FTC-designated practices as of January 1, 2024, now incorporating any practice determined to be a dark pattern by the FTC at any time.

These are definitional changes that do not independently create compliance obligations but materially expand the scope of the Act's operative sections.

Sec. 3 (new section)
Prohibition on bulk privacy-setting degradation for minors
Deployer

(1) 1 A covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) shall not: (1) Provide a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) with a single setting that makes all of the default privacy settings less protective at once;

(2) 1 Request or prompt a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) to make the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4)'s privacy settings less protective, unless the change is strictly necessary for the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) to access a service or feature that such covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) has expressly and unambiguously requested.

This new section prohibits covered online services from offering covered minors a single toggle that makes all default privacy settings less protective at once, and from requesting or prompting a covered minor to weaken privacy settings unless the change is strictly necessary for a feature the minor has expressly and unambiguously requested. These are anti-dark-pattern provisions specifically targeting privacy-setting manipulation for minors.

Compliance actions 1 item
1
Covered online servicesCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) must not provide covered minorsCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) with a single setting that makes all default privacy settings less protective at once, and must not request or prompt a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) to weaken privacy settings unless the change is strictly necessary for a feature the minorMinorMinor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8) has expressly and unambiguously requested.
MN-01.8
Sec. 4 (new section)
Account deletion tool and response deadline for minors
Deployer

(1) 2 A covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) shall: (1) Provide a prominent, accessible, and responsive tool to allow a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) to request that the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4)'s account be unpublished or deleted; and

(2) 2 Honor a request under subdivision (1) of this section no later than fifteen days after the covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) receives the request.

This new section requires covered online services to provide a prominent, accessible, and responsive tool allowing covered minors to request that their account be unpublished or deleted, and to honor such requests within fifteen days. This codifies a specific mechanism and deadline for minor account deletion, complementing the existing Act's broader data-minimization provisions.

Compliance actions 1 item
2
Covered online servicesCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) must provide a prominent, accessible, and responsive tool for covered minorsCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) to request account unpublishing or deletion, and must honor such requests within fifteen days of receipt.
MN-01.9
Neb. Rev. Stat. § 87-1305
Collection, use, and retention of minor personal data
Deployer

(1) 3 A covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) shall only collect and use the minimum amount of a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4)'s personal dataPersonal dataPersonal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11) necessary to provide the specific elements of an online serviceOnline serviceOnline service means any service, product, or feature that is accessible to the public via the Internet, including a website or application. An online service does not include any of the following: (a) A telecommunications service as defined in 47 U.S.C. 153; (b) A broadband Internet access service as defined in 47 C.F.R. 8.1(b); or (c) The sale, delivery, or use of a physical device;Neb. Rev. Stat. § 87-1302(9) with which the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) has knowingly engaged. Such personal dataPersonal dataPersonal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11) shall not be used for reasons other than those for which it was collected.

(2) 4 A covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) shall not be required to collect the personal data of a userUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18) to comply with the Age-Appropriate Online Design Code Act. A covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) that collects personal data of a userUserUser means, with respect to a covered online service, an individual who registers an account or creates a profile on the covered online service.Neb. Rev. Stat. § 87-1302(18) for age verification cannot use such personal dataPersonal dataPersonal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11) for other purposes.

(3) 5 A covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) shall only retain the personal data of a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) as long as necessary to provide the specific elements of an online serviceOnline serviceOnline service means any service, product, or feature that is accessible to the public via the Internet, including a website or application. An online service does not include any of the following: (a) A telecommunications service as defined in 47 U.S.C. 153; (b) A broadband Internet access service as defined in 47 C.F.R. 8.1(b); or (c) The sale, delivery, or use of a physical device;Neb. Rev. Stat. § 87-1302(9) with which the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) has knowingly engaged.

(4) 6 A covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) shall not facilitate targeted advertisingTargeted advertisingTargeted advertising means displaying advertisements to an individual when the advertisement is selected based on personal data obtained or inferred from that individual's activities over time and across nonaffiliated websites or online applications to predict the individual's preferences or interest. Targeted advertising does not include: (a) Advertisements based on activities within a covered online service's own Internet websites or online applications; (b) Advertisements based on the context of an individual's current search query, visit to an Internet website, or use of an online application; (c) Advertisements directed to an individual in response to the individual's request for information or feedback; or (d) Processing personal data solely to measure or report advertising frequency, performance, or reach;Neb. Rev. Stat. § 87-1302(17) to a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4).

(5) 7 A covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) shall provide an obvious sign to a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) when precise geolocation informationPrecise geolocation informationPrecise geolocation information means any data that identifies within a radius of one thousand seven hundred fifty feet a covered minor's present or past location or the present or past location of a device that links or is linkable to a covered minor or any data that is derived from a device that is used or intended to be used to locate a covered minor within a radius of one thousand seven hundred fifty feet by means of technology that includes a global positioning system that provides latitude and longitude coordinates. Precise geolocation information does not include the content of communications or any data generated or connected to advanced utility metering infrastructure systems or equipment for use by a utility;Neb. Rev. Stat. § 87-1302(13) is being collected or used.

(6) 8 The use of notifications and push alerts to a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) is prohibited between the hours of 10 p.m. and 6 a.m. and between the hours of 8 a.m. and 4 p.m. on week days during the school year in the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4)'s local time zone.

(7) 9 A covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) shall not profileProfileProfile means any form of automated processing of personal data to evaluate, analyze, or predict certain aspects relating to a covered minor, including a covered minor's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements;Neb. Rev. Stat. § 87-1302(15) a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) unless profiling is necessary to provide a covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) requested by such covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4), and only with respect to the aspects of the covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) with which the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) is actively and knowingly engaged.

(8) 10 A covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) shall ensure that the default settings for the protections required pursuant to this section are set at the highest protection available for the safety of the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4).

(9) 11 If a covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) allows parental monitoring, the covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) shall provide an obvious signal to a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) when such minorMinorMinor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8) is being monitored.

Section 5 amends the Act's core data-governance and operational-restriction provisions for covered minors. The key substantive change is in subsection (2): the bill removes the prior requirement that age-verification data be deleted after use, retaining only the prohibition on using such data for other purposes. All other subsections remain substantively unchanged — data minimization, purpose limitation, retention limitation, targeted advertising ban, geolocation notice, notification time restrictions, profiling restrictions, default-to-highest-protection settings, and parental monitoring notice.

Compliance actions 9 items
3
Covered online servicesCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) must collect and use only the minimum amount of a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4)'s personal dataPersonal dataPersonal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11) necessary to provide the specific service elements the minorMinorMinor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8) has knowingly engaged with, and must not use that data for purposes other than those for which it was collected.
D-01.4
4
Covered online servicesCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) that collect personal dataPersonal dataPersonal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11) for age verification must not use that data for any other purpose. The bill removes the prior requirement to delete age-verification data after use.
D-01.6
5
Covered online servicesCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) must retain a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4)'s personal dataPersonal dataPersonal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11) only as long as necessary to provide the specific service elements the minorMinorMinor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8) has knowingly engaged with.
D-01.4
6
Covered online servicesCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) must not facilitate targeted advertisingTargeted advertisingTargeted advertising means displaying advertisements to an individual when the advertisement is selected based on personal data obtained or inferred from that individual's activities over time and across nonaffiliated websites or online applications to predict the individual's preferences or interest. Targeted advertising does not include: (a) Advertisements based on activities within a covered online service's own Internet websites or online applications; (b) Advertisements based on the context of an individual's current search query, visit to an Internet website, or use of an online application; (c) Advertisements directed to an individual in response to the individual's request for information or feedback; or (d) Processing personal data solely to measure or report advertising frequency, performance, or reach;Neb. Rev. Stat. § 87-1302(17) to a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4).
MN-01.7
7
Covered online servicesCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) must provide an obvious sign to a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) whenever precise geolocation informationPrecise geolocation informationPrecise geolocation information means any data that identifies within a radius of one thousand seven hundred fifty feet a covered minor's present or past location or the present or past location of a device that links or is linkable to a covered minor or any data that is derived from a device that is used or intended to be used to locate a covered minor within a radius of one thousand seven hundred fifty feet by means of technology that includes a global positioning system that provides latitude and longitude coordinates. Precise geolocation information does not include the content of communications or any data generated or connected to advanced utility metering infrastructure systems or equipment for use by a utility;Neb. Rev. Stat. § 87-1302(13) is being collected or used.
D-01.1
8
Covered online servicesCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) must not send notifications or push alerts to a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) between 10 p.m. and 6 a.m. or between 8 a.m. and 4 p.m. on weekdays during the school year in the minorMinorMinor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8)'s local time zone.
MN-01.12
9
Covered online servicesCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) must not profileProfileProfile means any form of automated processing of personal data to evaluate, analyze, or predict certain aspects relating to a covered minor, including a covered minor's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements;Neb. Rev. Stat. § 87-1302(15) a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) unless profiling is necessary to provide a service the minorMinorMinor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8) has requested, and only with respect to the aspects of the service the minorMinorMinor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8) is actively and knowingly engaged with.
D-01.4
10
Covered online servicesCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) must set default settings for all protections required under this section at the highest protection level available for the safety of the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4).
MN-01.8
11
Covered online servicesCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) that allow parental monitoring must provide an obvious signal to a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) when that minorMinorMinor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8) is being monitored.
MN-01.3
Neb. Rev. Stat. § 87-1308
Prohibited advertisements and dark patterns
Deployer

(1) 12 A covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) is prohibited from facilitating advertisements for prohibited products, such as narcotic drugs, tobacco products, gambling, and alcohol, to covered minorsCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4).

(2) 13 A covered online serviceCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) is prohibited from using dark patternsDark patternDark pattern means a user interface designed or manipulated with the effect of substantially subverting or impairing user autonomy, decisionmaking, or choice. Dark pattern includes any practice determined to be a dark pattern by the Federal Trade Commission;Neb. Rev. Stat. § 87-1302(6) to subvert or impair covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) autonomy, decisionmaking, or choice.

Section 6 amends § 87-1308 to retain the existing prohibition on advertising prohibited products (narcotics, tobacco, gambling, alcohol) to covered minors and the prohibition on using dark patterns to subvert covered minor autonomy, decision-making, or choice. No substantive changes are made to these provisions by the amendment.

Compliance actions 2 items
12
Covered online servicesCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) must not facilitate advertisements for prohibited products — including narcotic drugs, tobacco products, gambling, and alcohol — to covered minorsCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4).
MN-01.6
13
Covered online servicesCovered online service(a) Covered online service means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iii) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include an online service with actual knowledge that fewer than two percent of its users are minors, provided that, in making such assessment, an online service shall not be required to collect personal data of users, and if an online service collects personal data of users for such purpose, it shall not use such personal data for other purposes;Neb. Rev. Stat. § 87-1302(5) must not use dark patternsDark patternDark pattern means a user interface designed or manipulated with the effect of substantially subverting or impairing user autonomy, decisionmaking, or choice. Dark pattern includes any practice determined to be a dark pattern by the Federal Trade Commission;Neb. Rev. Stat. § 87-1302(6) to subvert or impair covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) autonomy, decision-making, or choice.
CP-01.3
Sec. 7
Repealer

Original sections 87-1301, 87-1302, 87-1305, and 87-1308, Revised Statutes Supplement, 2025, are repealed.

This section repeals the original versions of §§ 87-1301, 87-1302, 87-1305, and 87-1308 as they existed in the Revised Statutes Supplement, 2025. This is a standard repealer provision that accompanies the amended sections and creates no independent compliance obligation.

Passage Likelihood

Failed
Status Failed
Final action Provisions/portions of LB1119 amended into LB838 by AM2463

Legislative History

2026-01-16 Date of introduction
2026-01-20 Kauth FA778 filed
2026-01-21 Referred to Banking, Commerce and Insurance Committee
2026-01-23 Notice of hearing for February 09, 2026
2026-03-11 Placed on General File with AM2237
2026-03-11 Banking, Commerce and Insurance AM2237 filed
2026-04-17 Indefinitely postponed
2026-04-17 Provisions/portions of LB1119 amended into LB838 by AM2463

Entry Last Reviewed

2026-05-19
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