WHAT THIS BILL REGULATES · 4 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
Sections 1 to 9 of this act shall be known and may be cited as the Age-Appropriate Online Design Code Act.
Establishes the short title of the act as the Age-Appropriate Online Design Code Act. This is a naming provision that creates no compliance obligation.
(1)–(18) 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.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) shall disregard self-identified age for purposes of the act; (2) ChildChildChild means an individual younger than thirteen years of age.Sec. 2(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; (b) Rewards or incentives for frequency of visits or time spent on the covered online service; (c) Notifications or push alerts; (d) In-game purchases; or (e) Appearance-altering filters.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) and includes: (a) Infinite scroll; (b) Rewards or incentives for frequency of visits or time spent 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5); (c) Notifications or push alerts; (d) In-game purchases; or (e) Appearance-altering filters; (4) Covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(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.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) knows to be a minorMinorMinor means an individual younger than eighteen years of age.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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.Sec. 2(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.Sec. 2(11); (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing 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.Sec. 2(11). (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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(18) are minorsMinorMinor means an individual younger than eighteen years of age.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(11) for other purposes and shall delete 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.Sec. 2(11) after using it to make the assessment; (6) Dark patternDark patternDark pattern means a user interface designed or manipulated with the effect of substantially subverting or impairing user autonomy, decision-making, or choice. Dark pattern includes any practice determined to be a dark pattern by the Federal Trade Commission as of January 1, 2024.Sec. 2(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.Sec. 2(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.Sec. 2(18) autonomy, decision-making, or choice. Dark patternDark patternDark pattern means a user interface designed or manipulated with the effect of substantially subverting or impairing user autonomy, decision-making, or choice. Dark pattern includes any practice determined to be a dark pattern by the Federal Trade Commission as of January 1, 2024.Sec. 2(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, decision-making, or choice. Dark pattern includes any practice determined to be a dark pattern by the Federal Trade Commission as of January 1, 2024.Sec. 2(6) by the Federal Trade Commission as of January 1, 2024; (7) Knows to be a childChildChild means an individual younger than thirteen years of age.Sec. 2(2) or knows to be a minorMinorMinor means an individual younger than eighteen years of age.Sec. 2(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.Sec. 2(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.Sec. 2(18) is a childChildChild means an individual younger than thirteen years of age.Sec. 2(2) or minorMinorMinor means an individual younger than eighteen years of age.Sec. 2(8), as applicable; (8) MinorMinorMinor means an individual younger than eighteen years of age.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(4), including a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) about a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(4) without the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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.Sec. 2(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.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5).
Section 2 defines all terms used in the Act. The most consequential definition is covered online service, which requires entities to meet five cumulative criteria: conducting business in Nebraska, controlling data processing, having gross revenue exceeding $25 million, processing data of 50,000+ consumers, and — critically — deriving at least 50% of annual revenue from the sale or sharing of personal data. This last criterion substantially narrows the scope compared to California's AADC, which has no such revenue-source threshold. The section also defines covered design feature to include infinite scroll, rewards, notifications, in-game purchases, and appearance-altering filters — the specific design patterns the Act regulates.
(1)–(3) The Age-Appropriate Online Design Code Act does not apply to: (a) A federal, state, tribal, or local government entity in the ordinary course of its operations; (b) 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.Sec. 2(11) subject to a statute or regulation that is controlled 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) that is required to comply with: (i) Title V of the federal Gramm-Leach-Bliley Act; (ii) The federal Health Information Technology for Economic and Clinical Health Act; or (iii) Regulations promulgated under section 264 of the federal Health Insurance Portability and Accountability Act of 1996; and (c) Information, including, but not limited to, 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.Sec. 2(11), collected as part of a clinical trial subject to the federal policy for the protection of human subjects in accordance with: (i) Good clinical practice guidelines issued by the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use; or (ii) Human subject protection requirements of the federal Food and Drug Administration. (2) The requirements of the Age-Appropriate Online Design Code Act are in addition to and shall not limit or restrict in any way the application of other laws, including, but not limited to, statutes, rules and regulations, and the common law of Nebraska. (3) In the event of a conflict between the Age-Appropriate Online Design Code Act and one or more other laws, the law that affords the greatest protection from harm to minorsMinorMinor means an individual younger than eighteen years of age.Sec. 2(8) shall control.
Section 3 carves out government entities, data regulated under Gramm-Leach-Bliley, HITECH/HIPAA, and clinical trial data from the Act's scope. It also establishes that the Act's requirements are additive to existing law and that in the event of a conflict, the law affording the greatest protection to minors controls.
(1)(a)–(f) 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) shall provide each covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(4) with accessible and easy-to-use tools that accomplish the following with respect to covered design featuresCovered 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; (b) Rewards or incentives for frequency of visits or time spent on the covered online service; (c) Notifications or push alerts; (d) In-game purchases; or (e) Appearance-altering filters.Sec. 2(3): (a) Limit the ability of 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.Sec. 2(18) or visitors to communicate with the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(4); (b) Prevent other individuals from viewing the personal data of the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(4); (c) Control the operation of all design features, including, but not limited to, all covered design featuresCovered 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; (b) Rewards or incentives for frequency of visits or time spent on the covered online service; (c) Notifications or push alerts; (d) In-game purchases; or (e) Appearance-altering filters.Sec. 2(3), that are unnecessary in order to provide 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) by allowing a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(4) to opt out of the use of all unnecessary covered design featuresCovered 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; (b) Rewards or incentives for frequency of visits or time spent on the covered online service; (c) Notifications or push alerts; (d) In-game purchases; or (e) Appearance-altering filters.Sec. 2(3) or categories of unnecessary covered design featuresCovered 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; (b) Rewards or incentives for frequency of visits or time spent on the covered online service; (c) Notifications or push alerts; (d) In-game purchases; or (e) Appearance-altering filters.Sec. 2(3); (d) Control personalized recommendation systemsPersonalized 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.Sec. 2(12) by allowing a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(4) to opt in to a chronological feed or by preventing categories of content from being recommended; (e) Control the use of in-game purchases or other transactions by allowing a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(4) to opt out of all such purchases and transactions or to place limits on such purchases and transactions; and (f) Restrict the sharing of the precise geolocation information of the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(4) and provide notice regarding tracking of the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(4)'s 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.Sec. 2(13).
(2) 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) shall provide a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(4) with accessible and easy-to-use options to limit the amount of time the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(4) spends 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5).
(3) 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) shall establish default settings for the safeguards required by subsection (1) of this section at the option or level that provides 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.Sec. 2(4).
Section 4 is the Act's primary obligation section for minor-facing design controls. It requires covered online services to provide each covered minor with accessible, easy-to-use tools for controlling covered design features — including limiting communications from other users, hiding personal data, opting out of unnecessary design features, controlling recommendation systems, managing in-game purchases, and restricting geolocation sharing. The section also mandates time-limit tools and requires that all safeguards default to the highest protection level available for minors.
(1) 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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.Sec. 2(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.Sec. 2(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.Sec. 2(9) with which the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(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.Sec. 2(11) shall not be used for reasons other than those for which it was collected.
(2) 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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.Sec. 2(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.Sec. 2(11) for other purposes and shall delete 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.Sec. 2(11) after use for age verification.
(3) 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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.Sec. 2(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.Sec. 2(9) with which the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(4) has knowingly engaged.
(4) 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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.Sec. 2(17) to a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(4).
(5) 8 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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.Sec. 2(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.Sec. 2(13) is being collected or used.
(6) 9 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.Sec. 2(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.Sec. 2(4)'s local time zone.
(7) 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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.Sec. 2(15) a covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) requested by such covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) with which the covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(4) is actively and knowingly engaged.
(8) 11 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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.Sec. 2(4).
(9) 12 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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.Sec. 2(4) when such minorMinorMinor means an individual younger than eighteen years of age.Sec. 2(8) is being monitored.
Section 5 imposes a suite of data governance and operational restrictions specific to covered minors. It requires data minimization — collecting only the minimum personal data necessary for the elements of the service the minor has knowingly engaged with — and prohibits secondary use of that data. It separately restricts age-verification data to that purpose only, with mandatory deletion afterward. The section bans targeted advertising and profiling of minors (except profiling necessary for a requested service element), imposes a curfew on notifications and push alerts during nighttime and school hours, requires visible geolocation collection indicators, mandates highest-protection defaults, and requires an obvious signal when parental monitoring is active.
(1) 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) shall provide parents with tools to help parents protect and support minorsMinorMinor means an individual younger than eighteen years of age.Sec. 2(8) using covered design features 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5). Such parental tools shall be enabled by default for an individual 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) knows to be a childChildChild means an individual younger than thirteen years of age.Sec. 2(2).
(2)(a)–(c) 13 With respect to covered design featuresCovered 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; (b) Rewards or incentives for frequency of visits or time spent on the covered online service; (c) Notifications or push alerts; (d) In-game purchases; or (e) Appearance-altering filters.Sec. 2(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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) shall provide parents the ability to do the following for an individual 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) knows to be a childChildChild means an individual younger than thirteen years of age.Sec. 2(2) or minorMinorMinor means an individual younger than eighteen years of age.Sec. 2(8), as applicable: (a) Manage the childChildChild means an individual younger than thirteen years of age.Sec. 2(2)'s privacy and account settings in a manner that allows parents to: (i) View the childChildChild means an individual younger than thirteen years of age.Sec. 2(2)'s account settings; and (ii) Change and control privacy and account settings of the childChildChild means an individual younger than thirteen years of age.Sec. 2(2); (b) Restrict purchases and financial transactions of the minorMinorMinor means an individual younger than eighteen years of age.Sec. 2(8); and (c) Enable parents to view the total time the childChildChild means an individual younger than thirteen years of age.Sec. 2(2) has spent on 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) and place reasonable limits on such childChildChild means an individual younger than thirteen years of age.Sec. 2(2)'s use 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5). Among such protections, 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) shall offer parents the ability to restrict a childChildChild means an individual younger than thirteen years of age.Sec. 2(2)'s use 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) during times of day specified by the parents, including during school hours and at night.
(3) 14 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) shall notify a covered minor of a 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; (b) Rewards or incentives for frequency of visits or time spent on the covered online service; (c) Notifications or push alerts; (d) In-game purchases; or (e) Appearance-altering filters.Sec. 2(3) when any of the tools described in this section are in effect and describe what settings have been applied.
Section 6 requires covered online services to provide parents with tools for managing their children's use of the service's covered design features, with enhanced protections for children under 13 (for whom parental tools must be enabled by default). For users the service knows to be a child or minor, parents must be able to manage privacy and account settings, restrict purchases and transactions, view total usage time, and set time-of-day restrictions. The section also requires the service to notify the minor when any of these parental tools are active.
15 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) shall establish mechanisms for covered minorsCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(4) and parents to report harms on 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5).
Section 7 requires covered online services to provide mechanisms for both covered minors and parents to report harms experienced on the service. This is a standalone requirement with no further specification of what the mechanism must look like or what the service must do in response.
(1) 16 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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.Sec. 2(4).
(2) 17 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(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, decision-making, or choice. Dark pattern includes any practice determined to be a dark pattern by the Federal Trade Commission as of January 1, 2024.Sec. 2(6) to subvert or impair covered minorCovered minorCovered minor means a user that a covered online service knows to be a minor.Sec. 2(4) autonomy, decision-making, or choice.
Section 8 imposes two categorical prohibitions on covered online services with respect to minors. First, it prohibits facilitating advertisements for prohibited products — narcotic drugs, tobacco, gambling, and alcohol — to covered minors. Second, it prohibits the use of dark patterns (as defined in Section 2(6)) to subvert or impair the autonomy, decision-making, or choice of covered minors.
(1) Any violation of the Age-Appropriate Online Design Code Act shall, additionally and separately, constitute a deceptive trade practice under the Uniform Deceptive Trade Practices Act. Civil penalties for violations of the Age-Appropriate Online Design Code Act shall be subject exclusively to subsection (3) of this section, but the Attorney General shall not initiate any action to recover a civil penalty under the act until July 1, 2026. The Age-Appropriate Online Design Code Act shall not be construed to affect the liability for any action that otherwise violates the Uniform Deceptive Trade Practices Act.
(2) 18 Each 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) shall designate one or more of its officers to be responsible for 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5)'s compliance with the Age-Appropriate Online Design Code Act.
(3) Beginning July 1, 2026, 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; (iii) 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; (iv) Annually buys, receives, sells, or shares the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies; and (v) Derives at least fifty percent of its annual revenue from the sale or sharing of consumers' personal data. (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 and shall delete such personal data after using it to make the assessment.Sec. 2(5) in violation of the Age-Appropriate Online Design Code Act may be liable for a civil penalty not to exceed fifty thousand dollars for each violation. All penalties collected under this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Section 9 establishes the enforcement framework. Every violation constitutes a deceptive trade practice under Nebraska's Uniform Deceptive Trade Practices Act, but civil penalties are governed exclusively by subsection (3) — up to $50,000 per violation, with enforcement delayed until July 1, 2026. The section also requires each covered online service to designate one or more officers responsible for compliance with the Act, which is a standalone governance obligation.
This act becomes operative on January 1, 2026.
Section 10 sets the operative date for the entire act at January 1, 2026. Civil penalty enforcement, however, is separately delayed until July 1, 2026 under Section 9(1).
If any section in this act or any part of any section is declared invalid or unconstitutional, the declaration shall not affect the validity or constitutionality of the remaining portions.
Standard severability clause providing that if any section or part of a section is declared invalid or unconstitutional, the remaining portions remain in effect.