Section § 1798.99

Explanation

This law is officially called the California Age-Appropriate Design Code Act. It sets guidelines around designing products or services with children in mind.

This title shall be known, and may be cited, as the California Age-Appropriate Design Code Act.

Section § 1798.99

Explanation

This law emphasizes that children deserve protection when using online services, even if those services aren't specifically for them. Companies should design online products with kids' best interests in mind. If a company's business goals clash with what's best for kids, they must prioritize kids' privacy and safety over making money.

The Legislature declares that children should be afforded protections not only by online products and services specifically directed at them but by all online products and services they are likely to access and makes the following findings:
(a)CA Civil Law Code § 1798.99(a) Businesses that develop and provide online services, products, or features that children are likely to access should consider the best interests of children when designing, developing, and providing that online service, product, or feature.
(b)CA Civil Law Code § 1798.99(b) If a conflict arises between commercial interests and the best interests of children, companies should prioritize the privacy, safety, and well-being of children over commercial interests.

Section § 1798.99

Explanation

This law defines key terms for understanding the rules around children's data protection online in California. A 'child' is anyone under 18. Businesses must conduct a 'Data Protection Impact Assessment' to evaluate and manage risks to children who might use their online services or products. 'Likely to be accessed by children' means it's reasonable to expect kids will access the online features based on various indicators, like targeted advertisements or design elements. Definitions exclude broadband and telecommunications as 'online services, products, or features'. Finally, 'profiling' is using automated processing of personal data to evaluate personal traits.

(a)CA Civil Law Code § 1798.99(a) For purposes of this title, the definitions in Section 1798.140 shall apply unless otherwise specified in this title.
(b)CA Civil Law Code § 1798.99(b) For the purposes of this title:
(1)CA Civil Law Code § 1798.99(b)(1) “Child” or “children,” unless otherwise specified, means a consumer or consumers who are under 18 years of age.
(2)CA Civil Law Code § 1798.99(b)(2) “Data Protection Impact Assessment” means a systematic survey to assess and mitigate risks that arise from the data management practices of the business to children who are reasonably likely to access the online service, product, or feature at issue that arises from the provision of that online service, product, or feature.
(3)CA Civil Law Code § 1798.99(b)(3) “Default” means a preselected option adopted by the business for the online service, product, or feature.
(4)CA Civil Law Code § 1798.99(b)(4) “Likely to be accessed by children” means it is reasonable to expect, based on the following indicators, that the online service, product, or feature would be accessed by children:
(A)CA Civil Law Code § 1798.99(b)(4)(A) The online service, product, or feature is directed to children as defined by the Children’s Online Privacy Protection Act (15 U.S.C. Sec. 6501 et seq.).
(B)CA Civil Law Code § 1798.99(b)(4)(B) The online service, product, or feature is determined, based on competent and reliable evidence regarding audience composition, to be routinely accessed by a significant number of children.
(C)CA Civil Law Code § 1798.99(b)(4)(C) An online service, product, or feature with advertisements marketed to children.
(D)CA Civil Law Code § 1798.99(b)(4)(D) An online service, product, or feature that is substantially similar or the same as an online service, product, or feature subject to subparagraph (B).
(E)CA Civil Law Code § 1798.99(b)(4)(E) An online service, product, or feature that has design elements that are known to be of interest to children, including, but not limited to, games, cartoons, music, and celebrities who appeal to children.
(F)CA Civil Law Code § 1798.99(b)(4)(F) A significant amount of the audience of the online service, product, or feature is determined, based on internal company research, to be children.
(5)CA Civil Law Code § 1798.99(b)(5) “Online service, product, or feature” does not mean any of the following:
(A)CA Civil Law Code § 1798.99(b)(5)(A) A broadband internet access service, as defined in Section 3100.
(B)CA Civil Law Code § 1798.99(b)(5)(B) A telecommunications service, as defined in Section 153 of Title 47 of the United States Code.
(C)CA Civil Law Code § 1798.99(b)(5)(C) The delivery or use of a physical product.
(6)CA Civil Law Code § 1798.99(b)(6) “Profiling” means any form of automated processing of personal information that uses personal information to evaluate certain aspects relating to a natural person, including analyzing or predicting aspects concerning a natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

Section § 1798.99

Explanation

This law requires businesses providing online services or products likely accessed by children to conduct a Data Protection Impact Assessment (DPIA) before launching new features. They must evaluate potential risks to children's data and maintain extensive documentation. Businesses should adjust default privacy settings to high privacy, provide clear information in age-appropriate language, and signal when children are monitored. The law prohibits actions like using discriminatory data practices, profiling without protection, and collecting unnecessary information. Businesses also need to avoid tactics encouraging children to share extra details. The law will be effective starting July 1, 2024.

(a)CA Civil Law Code § 1798.99(a) A business that provides an online service, product, or feature likely to be accessed by children shall take all of the following actions:
(1)Copy CA Civil Law Code § 1798.99(a)(1)
(A)Copy CA Civil Law Code § 1798.99(a)(1)(A) Before any new online services, products, or features are offered to the public, complete a Data Protection Impact Assessment for any online service, product, or feature likely to be accessed by children and maintain documentation of this assessment as long as the online service, product, or feature is likely to be accessed by children. A business shall biennially review all Data Protection Impact Assessments.
(B)CA Civil Law Code § 1798.99(a)(1)(A)(B) The Data Protection Impact Assessment required by this paragraph shall identify the purpose of the online service, product, or feature, how it uses children’s personal information, and the risks of material detriment to children that arise from the data management practices of the business. The Data Protection Impact Assessment shall address, to the extent applicable, all of the following:
(i)CA Civil Law Code § 1798.99(a)(1)(A)(B)(i) Whether the design of the online product, service, or feature could harm children, including by exposing children to harmful, or potentially harmful, content on the online product, service, or feature.
(ii)CA Civil Law Code § 1798.99(a)(1)(A)(B)(ii) Whether the design of the online product, service, or feature could lead to children experiencing or being targeted by harmful, or potentially harmful, contacts on the online product, service, or feature.
(iii)CA Civil Law Code § 1798.99(a)(1)(A)(B)(iii) Whether the design of the online product, service, or feature could permit children to witness, participate in, or be subject to harmful, or potentially harmful, conduct on the online product, service, or feature.
(iv)CA Civil Law Code § 1798.99(a)(1)(A)(B)(iv) Whether the design of the online product, service, or feature could allow children to be party to or exploited by a harmful, or potentially harmful, contact on the online product, service, or feature.
(v)CA Civil Law Code § 1798.99(a)(1)(A)(B)(v) Whether algorithms used by the online product, service, or feature could harm children.
(vi)CA Civil Law Code § 1798.99(a)(1)(A)(B)(vi) Whether targeted advertising systems used by the online product, service, or feature could harm children.
(vii)CA Civil Law Code § 1798.99(a)(1)(A)(B)(vii) Whether and how the online product, service, or feature uses system design features to increase, sustain, or extend use of the online product, service, or feature by children, including the automatic playing of media, rewards for time spent, and notifications.
(viii)CA Civil Law Code § 1798.99(a)(1)(A)(B)(viii) Whether, how, and for what purpose the online product, service, or feature collects or processes sensitive personal information of children.
(2)CA Civil Law Code § 1798.99(a)(2) Document any risk of material detriment to children that arises from the data management practices of the business identified in the Data Protection Impact Assessment required by paragraph (1) and create a timed plan to mitigate or eliminate the risk before the online service, product, or feature is accessed by children.
(3)CA Civil Law Code § 1798.99(a)(3) Within three business days of a written request by the Attorney General, provide to the Attorney General a list of all Data Protection Impact Assessments the business has completed.
(4)Copy CA Civil Law Code § 1798.99(a)(4)
(A)Copy CA Civil Law Code § 1798.99(a)(4)(A) For any Data Protection Impact Assessment completed pursuant to paragraph (1), make the Data Protection Impact Assessment available, within five business days, to the Attorney General pursuant to a written request.
(B)CA Civil Law Code § 1798.99(a)(4)(A)(B) Notwithstanding any other law, a Data Protection Impact Assessment is protected as confidential and shall be exempt from public disclosure, including under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(C)CA Civil Law Code § 1798.99(a)(4)(A)(C) To the extent any information contained in a Data Protection Impact Assessment disclosed to the Attorney General includes information subject to attorney-client privilege or work product protection, disclosure pursuant to this paragraph shall not constitute a waiver of that privilege or protection.
(5)CA Civil Law Code § 1798.99(a)(5) Estimate the age of child users with a reasonable level of certainty appropriate to the risks that arise from the data management practices of the business or apply the privacy and data protections afforded to children to all consumers.
(6)CA Civil Law Code § 1798.99(a)(6) Configure all default privacy settings provided to children by the online service, product, or feature to settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children.
(7)CA Civil Law Code § 1798.99(a)(7) Provide any privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature.
(8)CA Civil Law Code § 1798.99(a)(8) If the online service, product, or feature allows the child’s parent, guardian, or any other consumer to monitor the child’s online activity or track the child’s location, provide an obvious signal to the child when the child is being monitored or tracked.
(9)CA Civil Law Code § 1798.99(a)(9) Enforce published terms, policies, and community standards established by the business, including, but not limited to, privacy policies and those concerning children.
(10)CA Civil Law Code § 1798.99(a)(10) Provide prominent, accessible, and responsive tools to help children, or if applicable their parents or guardians, exercise their privacy rights and report concerns.
(b)CA Civil Law Code § 1798.99(b) A business that provides an online service, product, or feature likely to be accessed by children shall not take any of the following actions:
(1)CA Civil Law Code § 1798.99(b)(1) Use the personal information of any child in a way that the business knows, or has reason to know, is materially detrimental to the physical health, mental health, or well-being of a child.
(2)CA Civil Law Code § 1798.99(b)(2) Profile a child by default unless both of the following criteria are met:
(A)CA Civil Law Code § 1798.99(b)(2)(A) The business can demonstrate it has appropriate safeguards in place to protect children.
(B)CA Civil Law Code § 1798.99(b)(2)(B) Either of the following is true:
(i)CA Civil Law Code § 1798.99(b)(2)(B)(i) Profiling is necessary to provide the online service, product, or feature requested and only with respect to the aspects of the online service, product, or feature with which the child is actively and knowingly engaged.
(ii)CA Civil Law Code § 1798.99(b)(2)(B)(ii) The business can demonstrate a compelling reason that profiling is in the best interests of children.
(3)CA Civil Law Code § 1798.99(b)(3) Collect, sell, share, or retain any personal information that is not necessary to provide an online service, product, or feature with which a child is actively and knowingly engaged, or as described in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) of Section 1798.145, unless the business can demonstrate a compelling reason that the collecting, selling, sharing, or retaining of the personal information is in the best interests of children likely to access the online service, product, or feature.
(4)CA Civil Law Code § 1798.99(b)(4) If the end user is a child, use personal information for any reason other than a reason for which that personal information was collected, unless the business can demonstrate a compelling reason that use of the personal information is in the best interests of children.
(5)CA Civil Law Code § 1798.99(b)(5) Collect, sell, or share any precise geolocation information of children by default unless the collection of that precise geolocation information is strictly necessary for the business to provide the service, product, or feature requested and then only for the limited time that the collection of precise geolocation information is necessary to provide the service, product, or feature.
(6)CA Civil Law Code § 1798.99(b)(6) Collect any precise geolocation information of a child without providing an obvious sign to the child for the duration of that collection that precise geolocation information is being collected.
(7)CA Civil Law Code § 1798.99(b)(7) Use dark patterns to lead or encourage children to provide personal information beyond what is reasonably expected to provide that online service, product, or feature to forego privacy protections, or to take any action that the business knows, or has reason to know, is materially detrimental to the child’s physical health, mental health, or well-being.
(8)CA Civil Law Code § 1798.99(b)(8) Use any personal information collected to estimate age or age range for any other purpose or retain that personal information longer than necessary to estimate age. Age assurance shall be proportionate to the risks and data practice of an online service, product, or feature.
(c)Copy CA Civil Law Code § 1798.99(c)
(1)Copy CA Civil Law Code § 1798.99(c)(1) A Data Protection Impact Assessment conducted by a business for the purpose of compliance with any other law complies with this section if the Data Protection Impact Assessment meets the requirements of this title.
(2)CA Civil Law Code § 1798.99(c)(2) A single data protection impact assessment may contain multiple similar processing operations that present similar risks only if each relevant online service, product, or feature is addressed.
(d)CA Civil Law Code § 1798.99(d) This section shall become operative on July 1, 2024.

Section § 1798.99

Explanation

The California Children’s Data Protection Working Group is set up to recommend best practices for protecting children's data. It includes experts in areas such as children’s privacy, health, computer science, and rights. The group, formed by nine appointees from various state offices, will gather input from diverse stakeholders to address how online services affect children. By July 1, 2024, and every two years after, they will report to the Legislature on identifying services accessed by kids, prioritizing children's well-being, ensuring minimal invasive age checks, and more. Meetings can be held remotely, and while members aren't paid, they are reimbursed for expenses. This section is set to expire on January 1, 2030.

(a)CA Civil Law Code § 1798.99(a) The California Children’s Data Protection Working Group is hereby created within the Office of the Attorney General to deliver a report to the Legislature, pursuant to subdivision (e), regarding best practices for the implementation of this title.
(b)CA Civil Law Code § 1798.99(b) Working group members shall consist of Californians with expertise in at least two of the following areas:
(1)CA Civil Law Code § 1798.99(b)(1) Children’s data privacy.
(2)CA Civil Law Code § 1798.99(b)(2) Physical health.
(3)CA Civil Law Code § 1798.99(b)(3) Mental health and well-being.
(4)CA Civil Law Code § 1798.99(b)(4) Computer science.
(5)CA Civil Law Code § 1798.99(b)(5) Children’s rights.
(c)CA Civil Law Code § 1798.99(c) The working group shall select a chair and a vice chair from among its members and shall consist of the following nine members:
(1)CA Civil Law Code § 1798.99(c)(1) Two appointees by the Governor.
(2)CA Civil Law Code § 1798.99(c)(2) Two appointees by the President Pro Tempore of the Senate.
(3)CA Civil Law Code § 1798.99(c)(3) Two appointees by the Speaker of the Assembly.
(4)CA Civil Law Code § 1798.99(c)(4) Two appointees by the Attorney General.
(5)CA Civil Law Code § 1798.99(c)(5) One appointee by the California Privacy Protection Agency.
(d)CA Civil Law Code § 1798.99(d) The working group shall take input from a broad range of stakeholders, including from academia, consumer advocacy groups, and small, medium, and large businesses affected by data privacy policies and shall make recommendations to the Legislature on best practices regarding, at minimum, all of the following:
(1)CA Civil Law Code § 1798.99(d)(1) Identifying online services, products, or features likely to be accessed by children.
(2)CA Civil Law Code § 1798.99(d)(2) Evaluating and prioritizing the best interests of children with respect to their privacy, physical health, and mental health and well-being and evaluating how those interests may be furthered by the design, development, and implementation of an online service, product, or feature.
(3)CA Civil Law Code § 1798.99(d)(3) Ensuring that age assurance methods used by businesses that provide online services, products, or features likely to be accessed by children are proportionate to the risks that arise from the data management practices of the business, privacy protective, and minimally invasive.
(4)CA Civil Law Code § 1798.99(d)(4) Assessing and mitigating risks to children that arise from the use of an online service, product, or feature.
(5)CA Civil Law Code § 1798.99(d)(5) Publishing privacy information, policies, and standards in concise, clear language suited for the age of children likely to access an online service, product, or feature.
(6)CA Civil Law Code § 1798.99(d)(6) How the working group and the Department of Justice may leverage the substantial and growing expertise of the California Privacy Protection Agency in the long-term development of data privacy policies that affect the privacy, rights, and safety of children online.
(e)CA Civil Law Code § 1798.99(e) On or before July 1, 2024, and every two years thereafter, the working group shall submit, pursuant to Section 9795 of the Government Code, a report to the Legislature regarding the recommendations described in subdivision (d).
(f)CA Civil Law Code § 1798.99(f) A meeting of the members of the working group may be conducted, in whole or in part, by electronic transmission, electronic video screen communication, conference telephone, or other means of remote communication.
(g)CA Civil Law Code § 1798.99(g) The members of the working group shall serve without compensation but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties.
(h)CA Civil Law Code § 1798.99(h) This section shall remain in effect until January 1, 2030, and as of that date is repealed.

Section § 1798.99

Explanation

This law requires businesses to conduct a Data Protection Impact Assessment by July 1, 2024, for any online service, product, or feature that children are likely to use and which is available to the public before this date. If the service, product, or feature is not available to the public after July 1, 2024, this requirement doesn't apply.

(a)CA Civil Law Code § 1798.99(a) A business shall complete a Data Protection Impact Assessment on or before July 1, 2024, for any online service, product, or feature likely to be accessed by children offered to the public before July 1, 2024.
(b)CA Civil Law Code § 1798.99(b) This section does not apply to an online service, product, or feature that is not offered to the public on or after July 1, 2024.

Section § 1798.99

Explanation

If a business breaks this law, the state can take it to court and demand financial penalties. For each child affected by a negligent violation, the penalty can be up to $2,500, and for intentional violations, it can reach up to $7,500. All money collected is used to cover the Attorney General's costs. The Attorney General must notify businesses of any issues before suing, giving them 90 days to fix things without paying penalties if they resolve everything. This law doesn't allow individuals to sue on their own, but the Attorney General can involve the public and make rules to help everyone understand the law better.

(a)CA Civil Law Code § 1798.99(a) Any business that violates this title shall be subject to an injunction and liable for a civil penalty of not more than two thousand five hundred dollars ($2,500) per affected child for each negligent violation or not more than seven thousand five hundred dollars ($7,500) per affected child for each intentional violation, which shall be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General.
(b)CA Civil Law Code § 1798.99(b) Any penalties, fees, and expenses recovered in an action brought under this title shall be deposited in the Consumer Privacy Fund, created within the General Fund pursuant to subdivision (a) of Section 1798.160, with the intent that they be used to fully offset costs incurred by the Attorney General in connection with this title.
(c)Copy CA Civil Law Code § 1798.99(c)
(1)Copy CA Civil Law Code § 1798.99(c)(1) If a business is in substantial compliance with the requirements of paragraphs (1) through (4), inclusive, of subdivision (a) of Section 1798.99.31, the Attorney General shall provide written notice to the business, before initiating an action under this title, identifying the specific provisions of this title that the Attorney General alleges have been or are being violated.
(2)CA Civil Law Code § 1798.99(c)(2) If, within 90 days of the notice required by this subdivision, the business cures any noticed violation and provides the Attorney General a written statement that the alleged violations have been cured, and sufficient measures have been taken to prevent future violations, the business shall not be liable for a civil penalty for any violation cured pursuant to this subdivision.
(d)CA Civil Law Code § 1798.99(d) Nothing in this title shall be interpreted to serve as the basis for a private right of action under this title or any other law.
(e)CA Civil Law Code § 1798.99(e) The Attorney General may solicit broad public participation and adopt regulations to clarify the requirements of this title.

Section § 1798.99

Explanation

This rule doesn't apply to certain types of information or organizations that are specified in another section, specifically in subdivision (c) of Section 1798.145.

This title does not apply to the information or entities described in subdivision (c) of Section 1798.145.