On March 26, 2025, Utah Governor Spencer Cox signed into regulation SB 142, the App Retailer Accountability Act (the “Act”), enacting the nation’s first state regulation that requires app retailer suppliers to confirm the age of all customers and locations obligations on app builders. An “app retailer supplier” is outlined as “an individual that owns, operates, or controls an app retailer that enables customers in [Utah] to obtain apps onto a cell system.” A “developer” is outlined as “an individual that owns or controls an app made obtainable by way of the app retailer within the state.”
The regulation goes into impact on Might 7, 2025, and the obligations on app retailer suppliers and builders are usually not efficient till Might 6, 2026. Some key provisions are outlined under.
- Age Verification and Parental Consent: The Act requires app retailer suppliers to request age data and confirm the person person’s age class on the time the person situated within the state creates an account. Moreover, the app retailer supplier should get hold of verifiable parental consent the place the age verification course of determines that the person is a minor underneath 18 to obtain apps, make in-app purchases, or buy apps.
- Father or mother Account Affiliation & Verifiable Parental Consent: If the app retailer supplier determines that a person is a minor underneath the Act, the app retailer supplier should require the account to be affiliated with a guardian account. Moreover, the app retailer supplier should get hold of verifiable parental consent from the holder of the affiliated guardian account holder earlier than permitting the minor to obtain an app, make an in-app buy, or buy an app.
- Vital Modifications to Apps: App retailer suppliers should additionally notify customers of a “vital change” to the app. For minor accounts, app retailer suppliers should notify the holder of the affiliated guardian account and obtained renewed parental consent of a “vital change.” The Act consists of examples of what constitutes a major change, together with a cloth modification to the app’s phrases of service or privateness coverage that alters the app’s age score or content material descriptions, amongst others.
- Necessities for Builders: Builders are topic to further necessities. For instance, builders should confirm by way of the app retailer’s knowledge sharing strategies the age class of customers and whether or not verifiable parental consent has been obtained for minor accounts. Moreover, builders should notify app retailer suppliers of a major change to the app, amongst different necessities.
- Knowledge Safeguards: The Act imposes necessities with respect to knowledge collected and processed. For instance, app retailer suppliers should transmit private age verification knowledge to builders just for the needs described within the Act utilizing industry-standard encryption protocols.
The Utah Division of Client Safety should promulgate guidelines establishing processes and means for an app retailer supplier to age confirm customers. Sure violations of the Act are a misleading commerce follow underneath Utah regulation. The Act additionally creates a personal proper of motion for minors and fogeys towards app retailer suppliers and builders for some violations of the Act.
