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In June 2024, New York enacted two laws that will impose extensive new requirements on companies operating in the state to enhance online protections for children. The first is the New York Child Data Protection Act (“NYCDPA”), which imposes data minimization, consent and data processor agreement obligations on online services operators that actually know they collect minors’ personal information or target their services at minors. The second is the Stop Addictive Feeds Exploitation (SAFE) for…

Almost exactly one year after it was tabled, and after having passed under the Conseil constitutionnel’s microscope — with some important casualties, in particular the censure of the online contempt offence — the French Law on Securing and Regulating the Digital Space (“SREN Act”) was enacted on 21 May 2024. The SREN Act aims to further regulate the digital space, focusing on three major areas: (i) protecting citizens, particularly minors; (ii) ensuring European economic and…

Baker McKenzie recently hosted a roundtable discussion focused on Online Safety and Privacy for Children and Teenagers, led by Elizabeth Denham CBE, former UK Information Commissioner and consultant to our Toronto and London offices, and our California privacy and consumer protection partners Lothar Determann and Jonathan Tam. The session covered online youth protection laws and the perceived issues they’re intended to address, including protecting kids’ and teens’ mental health; the appropriateness of online materials and…

In Brief In April 2023, Arkansas Governor Sarah Huckabee Sanders signed into law SB 396, the Social Media Safety Act (the “Act”). Arkansas is the second state to enact a law that specifically regulates minors’ social media use, following Utah’s recent social media legislation. The Act, which takes effect on September 1, 2023, requires social media platforms (as defined under the Act) to verify account holders ages in order to prohibit Arkansas residents younger than…

In Brief On Thursday March 23, Utah Governor Spencer Cox signed two bills — S.B. 152 and H.B. 311 (collectively, the “Utah Social Media Regulation Act”) —that impose new requirements and limitations on children’s use of social media platforms. Background Together, both S.B. 152 and H.B. 311 enact the Utah Social Media Regulation Act, which is set to go into effect on March 1, 2024. Once in effect, S.B. 152 will require social media platforms…

California recently enacted the California Age-Appropriate Design Code Act (“Act”) with the stated intention of requiring businesses to consider the best interests of minors under the age of 18 when designing, developing and providing online services. If your business currently offers online services that are likely to be accessed by minors in California, you should consider starting to prepare Data Protection Impact Assessments in accordance with the Act as soon as possible because the law…

Children now spend a lot of time playing games online, but the gaming industry has received less scrutiny than social media or streaming platforms over privacy concerns. As gaming grows, the scale of user vulnerability increases as well. Many young people do not understand the data risks posed by online games. Luckily, privacy regulators are increasingly focusing efforts toward protecting children’s safety and autonomy online. Young people enjoy online games because they allow for play, learning and…

The video game industry is expected to generate over 200 billion USD in 2023. While this includes the sale of home consoles and physical video games, the largest growth is in mobile gaming. There are an estimated 2.7 billion gamers worldwide, of which 2.6 billion are playing on mobile devices such as smartphones and tablets.[1] Mobile gaming platforms allow individuals to play without a gaming console or personal computer. They are the most popular for…

Brian Hengesbaugh is joined by Ben Slinn (Associate, London) and Brandon Moseberry (Partner, Chicago) to discuss developments around Children’s data in the United Kingdom and United States. Tune in to hear: Overview of the final version of the UK ICO’s Age-Appropriate Design Code of Practice for Online ServicesThings companies should do now to address the new codeGeneral guidelines to follow in the US in regards to children’s data https://open.spotify.com/episode/2qsEEttIZxAZmcsXWg7Ka6 Related Resources UK ICO Age Appropriate…

The ICO has published its final Age Appropriate Design Code of Practice for Online Services, following a public consultation last year. The code sets out 15 standards applicable to certain online services aimed at or likely to be accessed by children, requiring the “best interests” of the child to be the primary driver of product and service design. Who should read this? Anyone that designs or develops online services will need to consider whether the…