Digital Age Assurance Act

Division 3, Part 4, Title 1.81.9 deals with the Digital Age Assurance Act.

Section 1798.500 defines the terms “account holder,” “account holder,” “age bracket data,” “application,” “child,” “covered application store,” “developer,” “operating system provider,” “signal,” and “user.”

Section 1798.501 requires an operating system provider to do three specified actions. A developer must 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.

A developer that receives a signal pursuant to this title is 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. A developer cannot 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.

Section 1798.502 provides that, with respect to a device for which account setup, an operating system provider is required to provide an accessible interface that allows 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.

Section 1798.503 imposes upon a person that violates this title to be subject to an injunction and liable for a civil penalty of not more than $2,500 per affected child for each negligent violation or not more than $7,500 per affected child for each intentional violation, which will 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.

Section 1798.504 states that this title does not modify, impair, or supersede the operation of any antitrust law. This title does not require the collection of additional personal information from device owners or device users other than that which is necessary to comply with law. An operating system provider or a covered application store must comply with this title in a nondiscriminatory manner, including by complying with specified requirements.