California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 1.81.9 — Digital Age Assurance Act, Section 1798.501

(a) An operating system provider shall do all of the following:

(1) Provide an accessible interface at account setup that requires an account holder to indicate the birth date, age, or both, of the user of that device for the purpose of providing a signal regarding the user’s age bracket to applications available in a covered application store.

(2) Provide a developer who has requested a signal with respect to a particular user with a digital signal via a reasonably consistent real-time application programming interface that identifies, at a minimum, which of the following categories pertains to the user:

(A) Under 13 years of age.

(B) At least 13 years of age and under 16 years of age.

(C) At least 16 years of age and under 18 years of age.

(D) At least 18 years of age.

(3) Send only the minimum amount of information necessary to comply with this title and shall not share the digital signal information with a third party for a purpose not required by this title.

(b)(1) A developer shall request a signal with respect to a particular user from an operating system provider or a covered application store when the application is downloaded and launched.

(2)(A) A developer that receives a signal pursuant to this title shall be deemed to have actual knowledge of the age range of the user to whom that signal pertains across all platforms of the application and points of access of the application even if the developer willfully disregards the signal.

(B) A developer shall not willfully disregard internal clear and convincing information otherwise available to the developer that indicates that a user’s age is different than the age bracket data indicated by a signal provided by an operating system provider or a covered application store.

(3)(A) Except as provided in subparagraph (B), a developer shall treat a signal received pursuant to this title as the primary indicator of a user’s age range for purposes of determining the user’s age.

(B) If a developer has internal clear and convincing information that a user’s age is different than the age indicated by a signal received pursuant to this title, the developer shall use that information as the primary indicator of the user’s age.

(4) A developer that receives a signal pursuant to this title shall use that signal to comply with applicable law but shall not do either of the following:

(A) Request more information from an operating system provider or a covered application store than the minimum amount of information necessary to comply with this title.

(B) Share the signal with a third party for a purpose not required by this title.

Notes

Requires operating-system providers to collect an account user’s birth date, age, or both and provide requesting developers a real-time age-bracket signal: under 13, 13–15, 16–17, or at least 18. Developers generally must use the signal as the primary age indicator unless clear and convincing internal information differs, and may request or share only information allowed by the title.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1798.501 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-1-81-9/section-1798-501

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