Nebraska · Legislative Bill · 2026 Regular Session
LB838
Nebraska Legislative Bill 838 — An Act relating to law; to amend various sections of the Revised Statutes of Nebraska; to change provisions relating to the Nebraska Money Transmitters Act, financial exploitation of a vulnerable adult or senior adult, rules and codes of civil and criminal procedure, decedents' estates, the Nebraska Uniform Trust Code, certifications of trust, inheritance taxes, deceptive trade practices, the Equipment Business Regulation Act, and the Age-Appropriate Online Design Code Act; to impose an excise tax on certain remittance transfers; to provide for rounding of certain cash transaction amounts; to provide operative dates; to provide severability; to repeal the original sections; and to declare an emergency

Status ● Enacted Effective Apr 14, 2026 Passage Likelihood N/A

WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES

How Is This Bill Enforced

Enforcement Authority
Attorney General enforcement under the Age-Appropriate Online Design Code Act. No private right of action is created by the act. The social media platform fraudulent advertising provisions are enforced under the Uniform Deceptive Trade Practices Act, which provides for injunctive relief and AG enforcement. Separate enforcement of money transmitter provisions by the Director of Banking and Finance.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
The Age-Appropriate Online Design Code Act is enforced by the Attorney General; remedies are not specified in LB 838 beyond what existing law provides. The Uniform Deceptive Trade Practices Act provides injunctive relief. The Equipment Business Regulation Act provides actual damages plus reasonable attorney's fees and injunctive relief.

What This Bill Requires

Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.

Statutory Text
Analysis & Obligations
Neb. Rev. Stat. § 87-1302 (as amended by Sec. 32)
Age-Appropriate Online Design Code Act definitions

(3) Covered design featureCovered design feature(3) Covered design feature means any feature or component of a covered online service that will encourage or increase the frequency, time spent, or activity of a user on the covered online service and includes: (a) Infinite scroll or a design feature where content automatically and continuously loads at the bottom of a screen, other than what the user explicitly prompted, requested, or searched for; (b) Auto-playing video or audio, or a design feature in which a video or audio automatically begins playing when a user navigates to or scrolls through a set of videos without any explicit action on the part of a user indicating the user's desire to watch that specific video or listen to that audio; (c) Quantification of engagement, including, but not limited to, providing a visible count of how many likes, comments, clicks, views, or reactions a user-generated item has received; (d) Gamification, or a design feature that emulates gameplay, including, but not limited to, a streak, badge, or reward that motivates or causes more frequent or more extensive use of an online service through incentives or frequency of use; (e) The use of clustering, timing, or volume of notifications or push alerts, irrespective of content; (f) A design feature in which virtual currencies are used or where digital items are purchased; (g) Image-altering filters or a design feature that facilitates a false perception of an image; (h) Requiring or repeatedly prompting for account creation in order to access publicly available user-generated content; (i) Using ephemerality to prompt the urgent use of an online service; (j) Creating barriers to deleting an account or to removing connections to other users of the service; or (k) A feature that increases usage through the illusion of talking with a human being that seeks to elicit feelings of intimacy from the user;Neb. Rev. Stat. § 87-1302(3) means any feature or component of a covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) that will encourage or increase the frequency, time spent, or activity of a user on the covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) and includes: (a) Infinite scroll or a design feature where content automatically and continuously loads at the bottom of a screen, other than what the user explicitly prompted, requested, or searched for; (b) Auto-playing video or audio, or a design feature in which a video or audio automatically begins playing when a user navigates to or scrolls through a set of videos without any explicit action on the part of a user indicating the user's desire to watch that specific video or listen to that audio; (c) Quantification of engagement, including, but not limited to, providing a visible count of how many likes, comments, clicks, views, or reactions a user-generated item has received; (d) Gamification, or a design feature that emulates gameplay, including, but not limited to, a streak, badge, or reward that motivates or causes more frequent or more extensive use of an online service through incentives or frequency of use; (e) The use of clustering, timing, or volume of notifications or push alerts, irrespective of content; (f) A design feature in which virtual currencies are used or where digital items are purchased; (g) Image-altering filters or a design feature that facilitates a false perception of an image; (h) Requiring or repeatedly prompting for account creation in order to access publicly available user-generated content; (i) Using ephemerality to prompt the urgent use of an online service; (j) Creating barriers to deleting an account or to removing connections to other users of the service; or (k) A feature that increases usage through the illusion of talking with a human being that seeks to elicit feelings of intimacy from the user;

(5) Covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) means a sole proprietorship, a limited liability company, a corporation, an association, or any other legal entity that owns, operates, controls, or provides an online service that: (i) Conducts business in this state; (ii) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal dataPersonal data(11) Personal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11); and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies.

Section 32 significantly expands the definitions in the Age-Appropriate Online Design Code Act. The definition of covered design feature is broadened from a short list (infinite scroll, rewards, notifications, in-game purchases, appearance-altering filters) to an expansive enumeration including auto-playing media, engagement quantification, gamification, notification clustering, virtual currency and digital item purchases, image-altering filters, repeated account-creation prompts, ephemerality features, barriers to account deletion, and notably a feature that increases usage through the illusion of talking with a human being that seeks to elicit feelings of intimacy. The covered online service definition now requires the entity to generate a majority of its annual revenue from online services and removes the prior requirement that 50% of revenue derive from sale or sharing of personal data. The definition of dark pattern is updated to include practices determined to be dark patterns by the FTC without a fixed date cutoff.

Sec. 33 of LB 838 (new section added to Age-Appropriate Online Design Code Act)
Prohibition on bulk privacy-setting reduction and prompting for less protective settings
Deployer

(1)–(2) 1 A covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) shall not: (1) Provide a covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) with a single setting that makes all of the default privacy settings less protective at once; or (2) Request or prompt a covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) to make the covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4)'s privacy settings less protective, unless the change is strictly necessary for the covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) to access a service or feature that such covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) has expressly and unambiguously requested.

This new section imposes two prohibitions on covered online services in relation to covered minors' privacy settings. First, the service may not offer a single toggle or setting that makes all default privacy settings less protective at once. Second, the service may not request or prompt a covered minor to weaken their privacy settings unless the change is strictly necessary to access a service or feature the minor has expressly and unambiguously requested. These prohibitions supplement the existing default-to-highest-protection requirements and dark-pattern prohibitions elsewhere in the act.

Compliance actions 1 item
1
Covered online servicesCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) must not provide covered minorsCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) with a single setting that reduces all default privacy protections at once, and must not request or prompt a covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) to weaken their privacy settings unless the change is strictly necessary for a feature the minorMinor(8) Minor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8) has expressly requested.
MN-01.8
Sec. 34 of LB 838 (new section added to Age-Appropriate Online Design Code Act)
Minor account deletion tool and 15-day response requirement
Deployer

(1)–(2) 2 A covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) shall: (1) Provide a prominent, accessible, and responsive tool to allow a covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) to request that the covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4)'s account be unpublished or deleted; and (2) Honor a request under subdivision (1) of this section no later than fifteen days after the covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) receives the request.

This new section requires covered online services to provide a prominent, accessible, and responsive tool allowing covered minors to request that their account be unpublished or deleted. The service must honor such requests within 15 days of receipt. This creates a specific, enforceable right for minors to exit the platform and have their presence removed, distinct from the general data minimization and retention limitations elsewhere in the act.

Compliance actions 1 item
2
Covered online servicesCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) must provide covered minorsCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) with a prominent, accessible tool to request account unpublishing or deletion, and must honor the request within 15 days of receipt.
MN-01.9
Neb. Rev. Stat. § 87-1304 (as amended by Sec. 35)
Minor user safety tools and default settings
Deployer

(1)(a)–(f) 3 A covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) shall provide each covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) with accessible and easy-to-use tools that accomplish the following with respect to covered design featuresCovered design feature(3) Covered design feature means any feature or component of a covered online service that will encourage or increase the frequency, time spent, or activity of a user on the covered online service and includes: (a) Infinite scroll or a design feature where content automatically and continuously loads at the bottom of a screen, other than what the user explicitly prompted, requested, or searched for; (b) Auto-playing video or audio, or a design feature in which a video or audio automatically begins playing when a user navigates to or scrolls through a set of videos without any explicit action on the part of a user indicating the user's desire to watch that specific video or listen to that audio; (c) Quantification of engagement, including, but not limited to, providing a visible count of how many likes, comments, clicks, views, or reactions a user-generated item has received; (d) Gamification, or a design feature that emulates gameplay, including, but not limited to, a streak, badge, or reward that motivates or causes more frequent or more extensive use of an online service through incentives or frequency of use; (e) The use of clustering, timing, or volume of notifications or push alerts, irrespective of content; (f) A design feature in which virtual currencies are used or where digital items are purchased; (g) Image-altering filters or a design feature that facilitates a false perception of an image; (h) Requiring or repeatedly prompting for account creation in order to access publicly available user-generated content; (i) Using ephemerality to prompt the urgent use of an online service; (j) Creating barriers to deleting an account or to removing connections to other users of the service; or (k) A feature that increases usage through the illusion of talking with a human being that seeks to elicit feelings of intimacy from the user;Neb. Rev. Stat. § 87-1302(3): (a) Limit the ability of other users or visitors to communicate with the covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4); (b) Prevent other individuals from viewing the personal data of the covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4); (c) Control the operation of all design features, including, but not limited to, all covered design featuresCovered design feature(3) Covered design feature means any feature or component of a covered online service that will encourage or increase the frequency, time spent, or activity of a user on the covered online service and includes: (a) Infinite scroll or a design feature where content automatically and continuously loads at the bottom of a screen, other than what the user explicitly prompted, requested, or searched for; (b) Auto-playing video or audio, or a design feature in which a video or audio automatically begins playing when a user navigates to or scrolls through a set of videos without any explicit action on the part of a user indicating the user's desire to watch that specific video or listen to that audio; (c) Quantification of engagement, including, but not limited to, providing a visible count of how many likes, comments, clicks, views, or reactions a user-generated item has received; (d) Gamification, or a design feature that emulates gameplay, including, but not limited to, a streak, badge, or reward that motivates or causes more frequent or more extensive use of an online service through incentives or frequency of use; (e) The use of clustering, timing, or volume of notifications or push alerts, irrespective of content; (f) A design feature in which virtual currencies are used or where digital items are purchased; (g) Image-altering filters or a design feature that facilitates a false perception of an image; (h) Requiring or repeatedly prompting for account creation in order to access publicly available user-generated content; (i) Using ephemerality to prompt the urgent use of an online service; (j) Creating barriers to deleting an account or to removing connections to other users of the service; or (k) A feature that increases usage through the illusion of talking with a human being that seeks to elicit feelings of intimacy from the user;Neb. Rev. Stat. § 87-1302(3), that are unnecessary in order to provide the covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) by allowing a covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) to opt out of the use of all unnecessary covered design featuresCovered design feature(3) Covered design feature means any feature or component of a covered online service that will encourage or increase the frequency, time spent, or activity of a user on the covered online service and includes: (a) Infinite scroll or a design feature where content automatically and continuously loads at the bottom of a screen, other than what the user explicitly prompted, requested, or searched for; (b) Auto-playing video or audio, or a design feature in which a video or audio automatically begins playing when a user navigates to or scrolls through a set of videos without any explicit action on the part of a user indicating the user's desire to watch that specific video or listen to that audio; (c) Quantification of engagement, including, but not limited to, providing a visible count of how many likes, comments, clicks, views, or reactions a user-generated item has received; (d) Gamification, or a design feature that emulates gameplay, including, but not limited to, a streak, badge, or reward that motivates or causes more frequent or more extensive use of an online service through incentives or frequency of use; (e) The use of clustering, timing, or volume of notifications or push alerts, irrespective of content; (f) A design feature in which virtual currencies are used or where digital items are purchased; (g) Image-altering filters or a design feature that facilitates a false perception of an image; (h) Requiring or repeatedly prompting for account creation in order to access publicly available user-generated content; (i) Using ephemerality to prompt the urgent use of an online service; (j) Creating barriers to deleting an account or to removing connections to other users of the service; or (k) A feature that increases usage through the illusion of talking with a human being that seeks to elicit feelings of intimacy from the user;Neb. Rev. Stat. § 87-1302(3) or categories of unnecessary covered design featuresCovered design feature(3) Covered design feature means any feature or component of a covered online service that will encourage or increase the frequency, time spent, or activity of a user on the covered online service and includes: (a) Infinite scroll or a design feature where content automatically and continuously loads at the bottom of a screen, other than what the user explicitly prompted, requested, or searched for; (b) Auto-playing video or audio, or a design feature in which a video or audio automatically begins playing when a user navigates to or scrolls through a set of videos without any explicit action on the part of a user indicating the user's desire to watch that specific video or listen to that audio; (c) Quantification of engagement, including, but not limited to, providing a visible count of how many likes, comments, clicks, views, or reactions a user-generated item has received; (d) Gamification, or a design feature that emulates gameplay, including, but not limited to, a streak, badge, or reward that motivates or causes more frequent or more extensive use of an online service through incentives or frequency of use; (e) The use of clustering, timing, or volume of notifications or push alerts, irrespective of content; (f) A design feature in which virtual currencies are used or where digital items are purchased; (g) Image-altering filters or a design feature that facilitates a false perception of an image; (h) Requiring or repeatedly prompting for account creation in order to access publicly available user-generated content; (i) Using ephemerality to prompt the urgent use of an online service; (j) Creating barriers to deleting an account or to removing connections to other users of the service; or (k) A feature that increases usage through the illusion of talking with a human being that seeks to elicit feelings of intimacy from the user;Neb. Rev. Stat. § 87-1302(3); (d) Control personalized recommendation systemsPersonalized recommendation system(12) Personalized recommendation system means a fully or partially automated system used to suggest, promote, or rank content, including other users, hashtags, or posts, based on the personal data of users;Neb. Rev. Stat. § 87-1302(12) by allowing a covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(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 minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(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 minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) and provide notice regarding tracking of the covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4)'s precise geolocation information.

(2) 4 A covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) shall provide a covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) with accessible and easy-to-use options to limit the amount of time the covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) spends on the covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5).

(3) 3 A covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(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 minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4).

Section 35 amends § 87-1304 to expand the tools that covered online services must provide to covered minors regarding covered design features. The previous requirement to provide tools to accomplish specified goals 'with respect to covered design features' is broadened so that the tools must address all design features, including but not limited to covered design features, that are unnecessary to provide the service. Minors must be able to opt out of unnecessary covered design features, control personalized recommendation systems, control in-game purchases, and restrict precise geolocation sharing. Default settings must be at the highest protection level.

Compliance actions 2 items
3
Covered online servicesCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) must provide each covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) with accessible, easy-to-use tools to (1) limit communications from other users, (2) prevent others from viewing the minorMinor(8) Minor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8)'s personal dataPersonal data(11) Personal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11), (3) opt out of unnecessary covered design featuresCovered design feature(3) Covered design feature means any feature or component of a covered online service that will encourage or increase the frequency, time spent, or activity of a user on the covered online service and includes: (a) Infinite scroll or a design feature where content automatically and continuously loads at the bottom of a screen, other than what the user explicitly prompted, requested, or searched for; (b) Auto-playing video or audio, or a design feature in which a video or audio automatically begins playing when a user navigates to or scrolls through a set of videos without any explicit action on the part of a user indicating the user's desire to watch that specific video or listen to that audio; (c) Quantification of engagement, including, but not limited to, providing a visible count of how many likes, comments, clicks, views, or reactions a user-generated item has received; (d) Gamification, or a design feature that emulates gameplay, including, but not limited to, a streak, badge, or reward that motivates or causes more frequent or more extensive use of an online service through incentives or frequency of use; (e) The use of clustering, timing, or volume of notifications or push alerts, irrespective of content; (f) A design feature in which virtual currencies are used or where digital items are purchased; (g) Image-altering filters or a design feature that facilitates a false perception of an image; (h) Requiring or repeatedly prompting for account creation in order to access publicly available user-generated content; (i) Using ephemerality to prompt the urgent use of an online service; (j) Creating barriers to deleting an account or to removing connections to other users of the service; or (k) A feature that increases usage through the illusion of talking with a human being that seeks to elicit feelings of intimacy from the user;Neb. Rev. Stat. § 87-1302(3), (4) control personalized recommendation systemsPersonalized recommendation system(12) Personalized recommendation system means a fully or partially automated system used to suggest, promote, or rank content, including other users, hashtags, or posts, based on the personal data of users;Neb. Rev. Stat. § 87-1302(12), (5) control in-game purchases, and (6) restrict precise geolocation sharing, with all defaults set to the highest protection level.
MN-01.3
4
Covered online servicesCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) must provide covered minorsCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) with accessible, easy-to-use options to limit the amount of time they spend on the service.
MN-01.3
Neb. Rev. Stat. § 87-1305 (as amended by Sec. 36)
Minor data minimization, targeted advertising ban, and notification restrictions
Deployer

(1) 5 A covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) shall only collect and use the minimum amount of a covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4)'s personal dataPersonal data(11) Personal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11) necessary to provide the specific elements of an online service with which the covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) has knowingly engaged. Such personal dataPersonal data(11) Personal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11) shall not be used for reasons other than those for which it was collected.

(3) 5 A covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) shall only retain the personal data of a covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) as long as necessary to provide the specific elements of an online service with which the covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) has knowingly engaged.

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

(6) 7 The use of notifications and push alerts to a covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) is prohibited between the hours of 10 p.m. and 6 a.m. and between the hours of 8 a.m. and 4 p.m. on week days during the school year in the covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4)'s local time zone.

(7) 8 A covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) shall not profileProfile(15) Profile means any form of automated processing of personal data to evaluate, analyze, or predict certain aspects relating to a covered minor, including a covered minor's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements;Neb. Rev. Stat. § 87-1302(15) a covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) unless profiling is necessary to provide a covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) requested by such covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4), and only with respect to the aspects of the covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) with which the covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) is actively and knowingly engaged.

(8) 9 A covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) shall ensure that the default settings for the protections required pursuant to this section are set at the highest protection available for the safety of the covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4).

Section 36 amends § 87-1305 to impose data minimization, purpose limitation, and retention requirements for covered minors' personal data. The section prohibits targeted advertising to covered minors, restricts profiling, and bans notifications and push alerts to covered minors between 10 p.m.–6 a.m. and 8 a.m.–4 p.m. on weekdays during the school year. Covered online services must provide an obvious sign when precise geolocation is being collected. The amendment removes the requirement that age verification data be deleted after use, instead prohibiting its use for other purposes. Default settings must be at the highest protection level.

Compliance actions 5 items
5
Covered online servicesCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) must collect and use only the minimum personal dataPersonal data(11) Personal data means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. Personal data does not include publicly available data;Neb. Rev. Stat. § 87-1302(11) necessary to provide the specific elements of the service with which the covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) has knowingly engaged, must not use such data for other purposes, and must retain it only as long as necessary for that purpose.
D-01.4
6
Covered online servicesCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) must not facilitate targeted advertisingTargeted advertising(17) Targeted advertising means displaying advertisements to an individual when the advertisement is selected based on personal data obtained or inferred from that individual's activities over time and across nonaffiliated websites or online applications to predict the individual's preferences or interest. Targeted advertising does not include: (a) Advertisements based on activities within a covered online service's own Internet websites or online applications; (b) Advertisements based on the context of an individual's current search query, visit to an Internet website, or use of an online application; (c) Advertisements directed to an individual in response to the individual's request for information or feedback; or (d) Processing personal data solely to measure or report advertising frequency, performance, or reach;Neb. Rev. Stat. § 87-1302(17) to covered minorsCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4).
MN-01.7
7
Covered online servicesCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) must not send notifications or push alerts to covered minorsCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) between 10 p.m. and 6 a.m. or between 8 a.m. and 4 p.m. on weekdays during the school year, in the covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4)'s local time zone.
MN-01.4
8
Covered online servicesCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) must not profileProfile(15) Profile means any form of automated processing of personal data to evaluate, analyze, or predict certain aspects relating to a covered minor, including a covered minor's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements;Neb. Rev. Stat. § 87-1302(15) covered minorsCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) unless profiling is necessary to provide a service the minorMinor(8) Minor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8) has requested, and only with respect to aspects of the service with which the minorMinor(8) Minor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8) is actively and knowingly engaged.
D-01.4
9
Covered online servicesCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) must set all default protections under § 87-1305 at the highest protection level available for covered minorsCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4).
MN-01.8
Neb. Rev. Stat. § 87-1306 (as amended by Sec. 37)
Parental tools for covered design features
Deployer

(1) 10 A covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) shall provide parents with tools to help parents protect and support minorsMinor(8) Minor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8) using covered design features of the covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5). Such parental tools shall be enabled by default for an individual the covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) knows to be a childChild(2) Child means an individual younger than thirteen years of age;Neb. Rev. Stat. § 87-1302(2).

(2)(a)–(c) 10 A covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) shall provide parents the ability to do the following for an individual the covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) knows to be a childChild(2) Child means an individual younger than thirteen years of age;Neb. Rev. Stat. § 87-1302(2) or minorMinor(8) Minor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8), as applicable: (a) Manage the childChild(2) Child means an individual younger than thirteen years of age;Neb. Rev. Stat. § 87-1302(2)'s privacy and account settings in a manner that allows parents to: (i) View the childChild(2) Child means an individual younger than thirteen years of age;Neb. Rev. Stat. § 87-1302(2)'s account settings; and (ii) Change and control privacy and account settings of the childChild(2) Child means an individual younger than thirteen years of age;Neb. Rev. Stat. § 87-1302(2); (b) Restrict purchases and financial transactions of the minorMinor(8) Minor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8); and (c) Enable parents to view the total time the childChild(2) Child means an individual younger than thirteen years of age;Neb. Rev. Stat. § 87-1302(2) has spent on a covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) and place reasonable limits on such childChild(2) Child means an individual younger than thirteen years of age;Neb. Rev. Stat. § 87-1302(2)'s use of the covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5). Among such protections, a covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) shall offer parents the ability to restrict a childChild(2) Child means an individual younger than thirteen years of age;Neb. Rev. Stat. § 87-1302(2)'s use of the covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) during times of day specified by the parents, including during school hours and at night.

(3) 11 A covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) shall notify a covered minor of a covered design featureCovered design feature(3) Covered design feature means any feature or component of a covered online service that will encourage or increase the frequency, time spent, or activity of a user on the covered online service and includes: (a) Infinite scroll or a design feature where content automatically and continuously loads at the bottom of a screen, other than what the user explicitly prompted, requested, or searched for; (b) Auto-playing video or audio, or a design feature in which a video or audio automatically begins playing when a user navigates to or scrolls through a set of videos without any explicit action on the part of a user indicating the user's desire to watch that specific video or listen to that audio; (c) Quantification of engagement, including, but not limited to, providing a visible count of how many likes, comments, clicks, views, or reactions a user-generated item has received; (d) Gamification, or a design feature that emulates gameplay, including, but not limited to, a streak, badge, or reward that motivates or causes more frequent or more extensive use of an online service through incentives or frequency of use; (e) The use of clustering, timing, or volume of notifications or push alerts, irrespective of content; (f) A design feature in which virtual currencies are used or where digital items are purchased; (g) Image-altering filters or a design feature that facilitates a false perception of an image; (h) Requiring or repeatedly prompting for account creation in order to access publicly available user-generated content; (i) Using ephemerality to prompt the urgent use of an online service; (j) Creating barriers to deleting an account or to removing connections to other users of the service; or (k) A feature that increases usage through the illusion of talking with a human being that seeks to elicit feelings of intimacy from the user;Neb. Rev. Stat. § 87-1302(3) when any of the tools described in this section are in effect and describe what settings have been applied.

Section 37 amends § 87-1306 to expand the parental tools that covered online services must provide. The amended section requires tools to help parents protect and support minors using covered design features, enabled by default for users known to be children. Parents must be able to manage children's privacy and account settings, restrict purchases and financial transactions of minors, view total time spent, and place reasonable time limits including restricting use during school hours and at night. The service must notify a covered minor when parental tools are active and describe which settings have been applied.

Compliance actions 2 items
10
Covered online servicesCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) must provide parents with tools, enabled by default for known children, to (1) view, change, and control the childChild(2) Child means an individual younger than thirteen years of age;Neb. Rev. Stat. § 87-1302(2)'s privacy and account settings, (2) restrict purchases and financial transactions of the minorMinor(8) Minor means an individual younger than eighteen years of age;Neb. Rev. Stat. § 87-1302(8), and (3) view total time spent and set time-of-day use restrictions including during school hours and at night.
MN-01.3
11
Covered online servicesCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) must notify covered minorsCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) when parental tools are active and describe what settings have been applied.
MN-01.3
Neb. Rev. Stat. § 87-1308 (as amended by Sec. 38)
Prohibited advertisements and dark patterns for minors
Deployer

(1) 12 A covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) is prohibited from facilitating advertisements for prohibited products, such as narcotic drugs, tobacco products, gambling, and alcohol, to covered minorsCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4).

(2) 13 A covered online serviceCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) is prohibited from using dark patternsDark pattern(6) Dark pattern means a user interface designed or manipulated with the effect of substantially subverting or impairing user autonomy, decisionmaking, or choice. Dark pattern includes any practice determined to be a dark pattern by the Federal Trade Commission as of January 1, 2024;Neb. Rev. Stat. § 87-1302(6) to subvert or impair covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) autonomy, decisionmaking, or choice.

Section 38 amends § 87-1308 to prohibit covered online services from facilitating advertisements for prohibited products (narcotic drugs, tobacco, gambling, alcohol) to covered minors and from using dark patterns to subvert or impair covered minor autonomy, decisionmaking, or choice. The amendment simplifies the dark pattern prohibition by removing the modifier 'to subvert or impair covered minor autonomy, decisionmaking, or choice,' leaving the broader prohibition in place.

Compliance actions 2 items
12
Covered online servicesCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) must not facilitate advertisements for narcotic drugs, tobacco products, gambling, alcohol, or similar prohibited products to covered minorsCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4).
MN-01.6
13
Covered online servicesCovered online service(5)(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) Generates a majority of its annual revenue from online services; (iii) Alone, or jointly with its affiliates, subsidiaries, or parent companies, determines the purposes and means of the processing of consumers' personal data; and (iv) Satisfies at least one of the following: (A) Has annual gross revenue in excess of twenty-five million dollars, adjusted every odd-numbered year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the two-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount; or (B) Annually processes the personal data of fifty thousand or more consumers, households, or devices, alone or in combination with its affiliates, subsidiaries, or parent companies. (b) A covered online service includes: (i) An entity that controls or is controlled by a business that meets the definition of covered online service if the entity and business share a name, service mark, or trademark that would cause a reasonable consumer to understand that the entity and business are commonly owned; and (ii) For a covered online service that is a joint venture or partnership, any person with an ownership interest of forty percent or more in such venture or partnership. (c) A covered online service does not include (i) 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 or (ii) a financial institution subject to Title V of the Gramm-Leach-Bliley Act or any regulations adopted in accordance with such act and shall delete such personal data after using it to make the assessment;Neb. Rev. Stat. § 87-1302(5) must not use dark patternsDark pattern(6) Dark pattern means a user interface designed or manipulated with the effect of substantially subverting or impairing user autonomy, decisionmaking, or choice. Dark pattern includes any practice determined to be a dark pattern by the Federal Trade Commission as of January 1, 2024;Neb. Rev. Stat. § 87-1302(6) to subvert or impair covered minorCovered minor(4) Covered minor means a user that a covered online service knows to be a minor;Neb. Rev. Stat. § 87-1302(4) autonomy, decisionmaking, or choice.
CP-01.3
Neb. Rev. Stat. § 87-302(a)(26) (as added by Sec. 27)
Social media platform fraudulent advertising obligations
Deployer

(26)(i)(A) 14 With respect to a social media platformSocial media platform(C) Social media platform means an electronic medium, including a browser-based or application-based interactive computer service, Internet website, telephone network, or data network, that allows an account holder to create, share, and view user-generated content for the purpose of social interaction, sharing, or viewing user-generated content, or personal networking. Social media platform does not include: (I) An Internet search provider; (II) An Internet service provider; (III) An email service; (IV) A streaming service, online video game, e-commerce, or other Internet website where the content is not user generated but where interactive functions enable chat, comments, reviews, or other interactive functionality that is incidental to, directly related to, or dependent upon providing the content; (V) A communication service, including text, audio, or video communication technology, provided by a business to the business's employees and clients for use in the course of business activities and not for public distribution, except that social media platform includes a communication service provided by a social media platform; (VI) An advertising network with the sole function of delivering commercial content; (VII) A telecommunications carrier as defined in 47 U.S.C. 153; (VIII) A broadband Internet access service as defined in 47 C.F.R. 8.1(b); (IX) Single-purpose community groups for education or public safety; (X) Teleconferencing or video-conferencing services that allow reception and transmission of audio and video signals for real-time communication, except that social media platform includes teleconferencing or video-conferencing services provided by a social media platform; (XI) Cloud computing services, which may include cloud storage and shared document collaboration; (XII) Providing or obtaining technical support for a platform, product, or service; (XIII) A platform designed primarily and specifically for creative professional users, as distinct from the general public, to share their portfolio and creative content, engage in professional networking, acquire clients, and market the creative professional user's creative content and creative services through facilitated transactions; or (XIV) A cable operator or an affiliate of a cable operator as such terms are defined in 47 U.S.C. 522.Neb. Rev. Stat. § 87-302(a)(26)(ii)(C) that accepts payment, or any other form of compensation or thing of value, for advertising on its platform: (A) Fails to establish and implement: (I) Identity verification for advertisers; (II) An unlawful impersonation detection and mitigation program; (III) Automated and manual fraud detection systems; (IV) Measures to prevent repeated offenses by the same advertiser; (V) A clear and conspicuous tool for users to report suspected fraud; and (VI) A process for law enforcement to report suspected fraudulent advertisementsFraudulent advertisement(B) Fraudulent advertisement means an advertisement or content that misrepresents material facts or unlawfully impersonates another in order to induce a transaction or extract a benefit, and a social media platform accepts payment, or any other form of compensation or thing of value, to advertise, promote, or otherwise increase impressions of the advertisement or content on its platform;Neb. Rev. Stat. § 87-302(a)(26)(ii)(B);

(26)(i)(B)–(E) 15 After a fraudulent advertisementFraudulent advertisement(B) Fraudulent advertisement means an advertisement or content that misrepresents material facts or unlawfully impersonates another in order to induce a transaction or extract a benefit, and a social media platform accepts payment, or any other form of compensation or thing of value, to advertise, promote, or otherwise increase impressions of the advertisement or content on its platform;Neb. Rev. Stat. § 87-302(a)(26)(ii)(B) is reported by a user, fails to investigate and determine if such advertisement constitutes a fraudulent advertisementFraudulent advertisement(B) Fraudulent advertisement means an advertisement or content that misrepresents material facts or unlawfully impersonates another in order to induce a transaction or extract a benefit, and a social media platform accepts payment, or any other form of compensation or thing of value, to advertise, promote, or otherwise increase impressions of the advertisement or content on its platform;Neb. Rev. Stat. § 87-302(a)(26)(ii)(B) within five business days after such report; (C) After determining an advertisement to be a fraudulent advertisementFraudulent advertisement(B) Fraudulent advertisement means an advertisement or content that misrepresents material facts or unlawfully impersonates another in order to induce a transaction or extract a benefit, and a social media platform accepts payment, or any other form of compensation or thing of value, to advertise, promote, or otherwise increase impressions of the advertisement or content on its platform;Neb. Rev. Stat. § 87-302(a)(26)(ii)(B), fails to remove such advertisement from its platform within five business days after such determination; (D) After a fraudulent advertisementFraudulent advertisement(B) Fraudulent advertisement means an advertisement or content that misrepresents material facts or unlawfully impersonates another in order to induce a transaction or extract a benefit, and a social media platform accepts payment, or any other form of compensation or thing of value, to advertise, promote, or otherwise increase impressions of the advertisement or content on its platform;Neb. Rev. Stat. § 87-302(a)(26)(ii)(B) is reported by law enforcement, fails to notify the submitter of the status of the submitter's report within five business days after receipt of such report; or (E) Knowingly permits fraudulent advertisementFraudulent advertisement(B) Fraudulent advertisement means an advertisement or content that misrepresents material facts or unlawfully impersonates another in order to induce a transaction or extract a benefit, and a social media platform accepts payment, or any other form of compensation or thing of value, to advertise, promote, or otherwise increase impressions of the advertisement or content on its platform;Neb. Rev. Stat. § 87-302(a)(26)(ii)(B) on its platform or ignores credible reports that content on its platform constitutes fraudulent advertisementFraudulent advertisement(B) Fraudulent advertisement means an advertisement or content that misrepresents material facts or unlawfully impersonates another in order to induce a transaction or extract a benefit, and a social media platform accepts payment, or any other form of compensation or thing of value, to advertise, promote, or otherwise increase impressions of the advertisement or content on its platform;Neb. Rev. Stat. § 87-302(a)(26)(ii)(B).

Section 27 adds a new subdivision (a)(26) to Nebraska's Uniform Deceptive Trade Practices Act, creating affirmative obligations for social media platforms that accept paid advertising. Platforms must establish and implement six safeguards: advertiser identity verification, an unlawful impersonation detection and mitigation program, automated and manual fraud detection systems, measures to prevent repeated offenses by the same advertiser, a clear and conspicuous fraud-reporting tool for users, and a process for law enforcement to report suspected fraudulent advertisements. After a user reports a fraudulent ad, the platform must investigate within five business days. After determining an ad is fraudulent, the platform must remove it within five business days. After a law enforcement report, the platform must respond within five business days. The platform must not knowingly permit fraudulent advertisements or ignore credible reports. The section also includes an antitrust safe harbor for information-sharing between entities regarding suspected fraud.

Compliance actions 2 items
14
Social media platformsSocial media platform(C) Social media platform means an electronic medium, including a browser-based or application-based interactive computer service, Internet website, telephone network, or data network, that allows an account holder to create, share, and view user-generated content for the purpose of social interaction, sharing, or viewing user-generated content, or personal networking. Social media platform does not include: (I) An Internet search provider; (II) An Internet service provider; (III) An email service; (IV) A streaming service, online video game, e-commerce, or other Internet website where the content is not user generated but where interactive functions enable chat, comments, reviews, or other interactive functionality that is incidental to, directly related to, or dependent upon providing the content; (V) A communication service, including text, audio, or video communication technology, provided by a business to the business's employees and clients for use in the course of business activities and not for public distribution, except that social media platform includes a communication service provided by a social media platform; (VI) An advertising network with the sole function of delivering commercial content; (VII) A telecommunications carrier as defined in 47 U.S.C. 153; (VIII) A broadband Internet access service as defined in 47 C.F.R. 8.1(b); (IX) Single-purpose community groups for education or public safety; (X) Teleconferencing or video-conferencing services that allow reception and transmission of audio and video signals for real-time communication, except that social media platform includes teleconferencing or video-conferencing services provided by a social media platform; (XI) Cloud computing services, which may include cloud storage and shared document collaboration; (XII) Providing or obtaining technical support for a platform, product, or service; (XIII) A platform designed primarily and specifically for creative professional users, as distinct from the general public, to share their portfolio and creative content, engage in professional networking, acquire clients, and market the creative professional user's creative content and creative services through facilitated transactions; or (XIV) A cable operator or an affiliate of a cable operator as such terms are defined in 47 U.S.C. 522.Neb. Rev. Stat. § 87-302(a)(26)(ii)(C) that accept paid advertising must establish and implement (1) advertiser identity verification, (2) an unlawful impersonation detection and mitigation program, (3) automated and manual fraud detection systems, (4) measures to prevent repeated offenses by the same advertiser, (5) a clear and conspicuous user-facing fraud reporting tool, and (6) a process for law enforcement to report suspected fraudulent advertisementsFraudulent advertisement(B) Fraudulent advertisement means an advertisement or content that misrepresents material facts or unlawfully impersonates another in order to induce a transaction or extract a benefit, and a social media platform accepts payment, or any other form of compensation or thing of value, to advertise, promote, or otherwise increase impressions of the advertisement or content on its platform;Neb. Rev. Stat. § 87-302(a)(26)(ii)(B).
15
Social media platformsSocial media platform(C) Social media platform means an electronic medium, including a browser-based or application-based interactive computer service, Internet website, telephone network, or data network, that allows an account holder to create, share, and view user-generated content for the purpose of social interaction, sharing, or viewing user-generated content, or personal networking. Social media platform does not include: (I) An Internet search provider; (II) An Internet service provider; (III) An email service; (IV) A streaming service, online video game, e-commerce, or other Internet website where the content is not user generated but where interactive functions enable chat, comments, reviews, or other interactive functionality that is incidental to, directly related to, or dependent upon providing the content; (V) A communication service, including text, audio, or video communication technology, provided by a business to the business's employees and clients for use in the course of business activities and not for public distribution, except that social media platform includes a communication service provided by a social media platform; (VI) An advertising network with the sole function of delivering commercial content; (VII) A telecommunications carrier as defined in 47 U.S.C. 153; (VIII) A broadband Internet access service as defined in 47 C.F.R. 8.1(b); (IX) Single-purpose community groups for education or public safety; (X) Teleconferencing or video-conferencing services that allow reception and transmission of audio and video signals for real-time communication, except that social media platform includes teleconferencing or video-conferencing services provided by a social media platform; (XI) Cloud computing services, which may include cloud storage and shared document collaboration; (XII) Providing or obtaining technical support for a platform, product, or service; (XIII) A platform designed primarily and specifically for creative professional users, as distinct from the general public, to share their portfolio and creative content, engage in professional networking, acquire clients, and market the creative professional user's creative content and creative services through facilitated transactions; or (XIV) A cable operator or an affiliate of a cable operator as such terms are defined in 47 U.S.C. 522.Neb. Rev. Stat. § 87-302(a)(26)(ii)(C) must (1) investigate user-reported fraudulent advertisementsFraudulent advertisement(B) Fraudulent advertisement means an advertisement or content that misrepresents material facts or unlawfully impersonates another in order to induce a transaction or extract a benefit, and a social media platform accepts payment, or any other form of compensation or thing of value, to advertise, promote, or otherwise increase impressions of the advertisement or content on its platform;Neb. Rev. Stat. § 87-302(a)(26)(ii)(B) within five business days, (2) remove confirmed fraudulent advertisementsFraudulent advertisement(B) Fraudulent advertisement means an advertisement or content that misrepresents material facts or unlawfully impersonates another in order to induce a transaction or extract a benefit, and a social media platform accepts payment, or any other form of compensation or thing of value, to advertise, promote, or otherwise increase impressions of the advertisement or content on its platform;Neb. Rev. Stat. § 87-302(a)(26)(ii)(B) within five business days of determination, (3) respond to law enforcement reports within five business days, and (4) not knowingly permit or ignore credible reports of fraudulent advertisementsFraudulent advertisement(B) Fraudulent advertisement means an advertisement or content that misrepresents material facts or unlawfully impersonates another in order to induce a transaction or extract a benefit, and a social media platform accepts payment, or any other form of compensation or thing of value, to advertise, promote, or otherwise increase impressions of the advertisement or content on its platform;Neb. Rev. Stat. § 87-302(a)(26)(ii)(B).
Sec. 40 of LB 838
Operative dates

Sections 9 and 10 of this act become operative on July 1, 2026. Sections 27 and 42 of this act become operative on January 1, 2027. Sections 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, and 43 of this act become operative three calendar months after the adjournment of this legislative session. The other sections of this act become operative on their effective date.

Section 40 establishes a multi-tiered operative date schedule. Sections 9 and 10 (remittance transfer tax and inter-agency data sharing) become operative July 1, 2026. Sections 27 and 42 (deceptive trade practices amendments including social media platform advertising obligations) become operative January 1, 2027. The bulk of the bill, including the Age-Appropriate Online Design Code Act amendments (Sections 31–38) and most other sections, become operative three calendar months after the adjournment of the 2026 legislative session. The remaining sections become operative on their effective date (i.e., immediately upon passage as emergency legislation).

Sec. 41 of LB 838
Severability

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 valid.

Passage Likelihood

Enacted
Status Enacted

Legislative History

2026-01-08 Date of introduction
2026-01-09 Kauth FA478 filed
2026-01-12 Referred to Banking, Commerce and Insurance Committee
2026-01-15 Notice of hearing for January 27, 2026
2026-02-06 von Gillern name added
2026-02-11 Banking, Commerce and Insurance priority bill
2026-03-03 Placed on General File with AM2326
2026-03-03 Banking, Commerce and Insurance AM2326 filed
2026-03-05 Bosn AM2463 to AM2326 filed
2026-03-05 Bosn AM2463 adopted
2026-03-05 Banking, Commerce and Insurance AM2326 adopted
2026-03-05 Advanced to Enrollment and Review Initial
2026-03-06 Jacobson FA1031 filed
2026-03-06 Hallstrom name added
2026-03-09 McKinney MO499 Bracket until April 17, 2026 filed
2026-03-09 McKinney MO500 Recommit to the Banking, Commerce and Insurance Committee filed
2026-03-09 McKinney MO501 Indefinitely postpone filed
2026-03-11 Placed on Select File with ER141
2026-03-11 Enrollment and Review ER141 filed
2026-03-17 Bosn AM2635 filed
2026-03-17 Conrad AM2637 filed
2026-03-17 Conrad AM2672 filed
2026-03-17 Kauth AM2658 filed
2026-03-18 Enrollment and Review ER141 adopted
2026-03-18 McKinney MO499 withdrawn
2026-03-18 McKinney MO500 withdrawn
2026-03-18 McKinney MO501 withdrawn
2026-03-18 Jacobson FA1031 withdrawn
2026-03-18 No objections to unanimous consent request to withdraw and substitute amendment
2026-03-18 Kauth FA478 withdrawn
2026-03-18 Raybould FA1058 filed
2026-03-18 Raybould FA1058 adopted
2026-03-18 Kauth AM2658 adopted
2026-03-18 Bosn AM2635 adopted
2026-03-18 Conrad AM2637 lost
2026-03-18 Conrad AM2672 adopted
2026-03-18 Advanced to Enrollment and Review for Engrossment
2026-03-25 Placed on Final Reading with ST70
2026-03-25 Enrollment and Review ST70 filed
2026-03-25 Enrollment and Review ST70 recorded
2026-04-10 Dispensing of reading at large approved
2026-04-10 Passed on Final Reading with Emergency Clause 46-3*-0
2026-04-10 President/Speaker signed
2026-04-17 Presented to Governor on April 10, 2026
2026-04-17 Approved by Governor on April 14, 2026
2026-04-17 Provisions/portions of LB837 amended into LB838 by AM2326
2026-04-17 Provisions/portions of LB875 amended into LB838 by AM2326
2026-04-17 Provisions/portions of LB1063 amended into LB838 by AM2326
2026-04-17 Provisions/portions of LB1118 amended into LB838 by AM2463
2026-04-17 Provisions/portions of LB1119 amended into LB838 by AM2463
2026-04-17 Provisions/portions of LB1160 amended into LB838 by AM2326
2026-04-17 Provisions/portions of LB1174 amended into LB838 by AM2658

Entry Last Reviewed

2026-05-10
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