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ARTICLE · 07 OCTOBER 2024

Age-Appropriate Design Codes: A New Wave Of Online Privacy Legislation?

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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The California Age-Appropriate Design Code Act (CA AADC) was passed in September 2022, with the stated aim of prioritizing the privacy, safety, and well-being of children online. In particular, the law seeks...

United StatesPrivacy
Lynn Parker Dupree
Lynn Parker Dupree
Laura Brashear
Laura Brashear
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The California Age-Appropriate Design Code Act (CA AADC) was passed in September 2022, with the stated aim of prioritizing the privacy, safety, and well-being of children online.1 In particular, the law seeks to protect online consumers under the age of 18.2 Under the CA AADC, businesses that provide online services, products, or features that are "likely to be accessed by children" must comply with certain requirements.3 These requirements apply to any for-profit California business that collects consumers' personal information and satisfies certain other thresholds related to revenue or size.4

While the CA AADC is the first law of its kind in the U.S., it was derived from the United Kingdom's Age-Appropriate Design Code (UK AADC), which has been in effect since 2020.5 At the heart of the UK AADC is the concept that the "best interest of the child" should be prioritized when designing online services and products that are likely to be accessed by children.6 This

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