App stores would check ages and require parents' approval

App stores would verify users' age groups, link minors' accounts to parent accounts, and obtain parent approval for downloads, installations, and purchases. These rules would cover app stores serving South Dakota users on phones and general-purpose tablets. People under 18 would count as minors unless married or legally emancipated. Parents would receive available app ratings and content descriptions, plus information about personal data collection, sharing, and protection. They could withdraw approval. After developers report major changes to app privacy rules or terms, stores would notify users and require renewed parent approval for minors' access to the changed version. For apps installed before a device's first use, stores would take reasonable steps to help obtain parent approval. Basic device functions would be excluded from this rule. If enacted, the proposal would take effect December 1, 2026. Stores would check new accounts when created and existing accounts on or before December 1, 2027.

Developers would check age groups and parent approval through app stores, report significant app changes, and limit how they use age information. These duties would cover developers offering apps in South Dakota, including pre-installed apps. Stores and developers could not enforce terms against minors without the required parent approval. Developers would request age or consent information at download or purchase, first launch of a pre-installed app, significant app changes, or when law requires. Routine age rechecks would be allowed no more than once each six-month period. Developers could also request checks for new accounts or suspected account transfers or use outside a minor's age group. Developers would use the youngest age group shown when setting age-based safeguards. Parents could customize settings afterward. The proposal would not require anyone to create an app rating system. Developers could use store age data only for age-based safeguards and legal compliance, and could not share it. Stores would limit collection, encrypt transfers, and share data only as the proposal or other law requires. These requirements would take effect December 1, 2026, if enacted.

Harmed minors or their parents could sue app stores or developers. South Dakota's attorney general could seek penalties, compensation, and court orders stopping violations. Enforcement would cover violations of the app-store and developer rules. Violations would also count as deceptive business practices under a law carrying criminal penalties. A harmed minor or parent who wins would receive actual damages or $1,000 per violation, whichever is greater, plus damages meant to punish misconduct, reasonable lawyer fees, and court costs. Developers would avoid liability under these provisions if they relied in good faith on store age data and notice of parent approval, and complied with the chapter's requirements. That protection would apply only to claims under this chapter. Other legal rights and remedies would remain available. These enforcement provisions would take effect December 1, 2026, if enacted.