This bill establishes new requirements for age verification and parental consent for application stores in South Dakota, aiming to enhance the protection of minors in the digital space. It amends existing law to include definitions and provisions related to age categories and parental consent disclosures. Application store providers are mandated to verify the age of individuals creating accounts, and if a minor is identified, the account must be linked to a parent account. Additionally, verifiable parental consent must be obtained before allowing minors to download or purchase applications. The bill also outlines specific responsibilities for application store providers and developers, including limiting data collection to what is necessary for age verification and ensuring contracts are not enforced against minors without verified parental consent.

To enforce these regulations, the bill introduces penalties for violations, categorizing offenses based on monetary value, with penalties ranging from Class 1 misdemeanors to Class 5 felonies. It allows for civil actions by minors or their parents against application store providers or developers for violations, with potential damages awarded to plaintiffs. The attorney general is granted authority to impose civil penalties and seek injunctive relief. Furthermore, the bill provides immunity for developers acting in good faith based on age data received from application stores, while clarifying that this immunity does not limit liability under other laws. The provisions of this act will take effect on December 1, 2026.

Statutes affected:
Introduced, 02/03/2026: 37-24-6