Virginia app stores would check ages and require parent approval

App store providers would request and verify users’ age categories, link minor accounts to parent accounts, and get parental approval before a minor downloads or buys an app or makes an in-app purchase. These rules cover app store providers doing business in Virginia and individuals in the Commonwealth who create accounts with them. A parent account must belong to someone the provider has verified is at least 18. Providers must limit age-data collection and use to what is needed for age checks, parental consent, or compliance records, and encrypt age data. Emergency-service apps meeting the listed conditions do not require parental consent. Providers would request and verify age information when an account is created. For existing accounts, they would do so by July 1, 2028.

App developers would rate their apps and purchases, describe app content and data practices, and use age information to apply their own age limits and safety settings. These rules cover developers doing business in Virginia, including developers of apps pre-installed on mobile devices. When applying age-related limits, safety features, or settings, developers must use the lowest age category shown by app-store data or age data they collected themselves. Developers may request age information at specified points, including a first download or launch, a significant app change, or to follow applicable law. Additional requests are limited to stated reasons. Developers may not share age-category data. Developers would request age information at a download or purchase, a pre-installed app’s first launch, a significant app change, or when needed to follow applicable law.

The Attorney General could seek court orders and civil penalties. A minor or parent harmed by a violation could sue an app store provider or developer. These enforcement options apply to violations by app store providers or developers covered by the chapter. The Attorney General could seek up to $7,500 for each violation. A minor or parent could seek the greater of actual damages or $1,000 for each violation; punitive damages could be sought if the violation was egregious. A successful plaintiff could recover reasonable attorney fees, expert witness fees, and court costs. The proposed chapter would take effect July 1, 2027.