The proposed bill introduces a new chapter, CHAPTER 48.2, AGE-APPROPRIATE DESIGN CODE, to Title 6 of the General Laws, aimed at enhancing the protection of children in the digital space. It establishes definitions for key terms such as "child," "covered entity," and "dark pattern," and outlines the responsibilities of covered entities—businesses and organizations that collect personal data from consumers, particularly minors under eighteen. The bill mandates that these entities obtain actual knowledge of a consumer's age and implement reasonable measures to safeguard children's data, ensuring that online services are designed with age-appropriate considerations. It also clarifies that personal data does not include deidentified data or publicly available information and sets conditions for data sales.
Additionally, the bill requires covered entities to conduct data protection impact assessments for online services likely accessed by children, ensuring that risks to minors are mitigated. It mandates that default privacy settings for known children prioritize high levels of privacy and that privacy information be presented in clear, age-appropriate language. The legislation prohibits practices that could heighten risks to children's safety, such as unnecessary data collection and the use of dark patterns. Enforcement mechanisms are established, allowing the attorney general to impose civil penalties for violations, with a 90-day period for entities to rectify issues before penalties are applied. The act is set to take effect on January 1, 2026.