Catalog / Operates an app store / LXD-6431

Operates an app store, in Louisiana

Each law's tag says when it binds: since in force from , in 8 months not yet in force

Database Security Breach Notification Law, reasonable security procedures and destruction dutysince 5 lines

La. R.S. 51:3074(A), (B) · Read the law's page

  • This binds any person conducting business in Louisiana, or any person or state or local agency, that owns or licenses computerized data including personal information; unlike the Louisiana Data Privacy Act, it carries no revenue, volume, or sale-percentage threshold.
  • Implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect personal information from unauthorized access, destruction, use, modification, or disclosure.
  • Take all reasonable steps to destroy or arrange for the destruction of records containing personal information no longer to be retained, by shredding, erasing, or otherwise modifying the information to make it unreadable or undecipherable.
  • Expect a violation of either duty to be enforceable as an unfair trade practice, by the Attorney General for injunctive relief and, because R.S. 51:3074(J)'s deeming clause carries no exclusion of R.S. 51:1409, by a private action from a harmed Louisiana resident for actual damages, trebled if the violation was knowing after Attorney General notice, plus attorney fees and costs.
  • Do not conflate this pre-existing safeguards duty with the Louisiana Data Privacy Act's own controller security-of-processing duty at R.S. 51:1780.4(A)(1)(b), a separate, later-enacted comprehensive-regime clause documented under this jurisdiction's privacy topic rather than here.
Act 185 of 2026 (HB 977), App Store Accountability Act, replacing Act 481 of 2025 (HB 570)from , in 8 months11 lines

La. R.S. 51:1771 to 51:1775 (Acts 2026, No. 185; Acts 2025, No. 481 did not become effective) · Read the law's page

  • This law puts duties on covered application store providers, meaning a person who owns, operates or controls a covered application store that allows users in Louisiana to download applications, and on developers of applications made available through a covered application store in Louisiana.
  • As a covered application store provider, when an individual located in Louisiana creates an account, request age information and verify the individual's age category using commercially available methods reasonably designed to ensure accuracy.
  • As a covered application store provider, if the individual is a minor, require the account to be affiliated with a parent account and obtain verifiable parental consent from the parent account holder before the minor downloads an application, purchases an application, accesses an application pre-loaded on a device, or enables in-application purchases.
  • As a covered application store provider, notify the user of a significant change reported by a developer and, for a minor account, notify the parent account holder and obtain renewed verifiable parental consent.
  • As a covered application store provider, give a developer that makes an authorized request the age category and the verified parental consent status of a user located in Louisiana, and notify the developer when a parent revokes parental consent.
  • As a covered application store provider, limit the collection and processing of personal age verification data to verifying age, obtaining parental consent and maintaining compliance records, and transmit it using industry-standard encryption.
  • As a covered application store provider, do not enforce a contract or terms of service against a minor without verifiable parental consent, do not knowingly misrepresent the parental consent disclosure, and do not share age verification data except with a developer as the law requires or as otherwise required by law.
  • As a developer, verify through the covered application store's data sharing methods the age category of users located in Louisiana and, for a minor account, whether verifiable parental consent has been obtained.
  • As a developer, notify covered application store providers of a significant change to the application, and enforce all age-related restrictions, including any you created.
  • As a developer, do not enforce a contract or terms of service against a minor unless you have verified through the covered application store provider that verifiable parental consent has been obtained, do not knowingly misrepresent the parental consent disclosure, and do not sell age category data.
  • As a developer required by R.S. 9:2800.29 to verify age at the application level, remain responsible for that verification; a developer required by law to verify age at the application level to whom that section does not apply may use the age signal from the covered application store.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 2,
    • Database Security Breach Notification Law, reasonable security procedures and destruction duty: start date changed
  2. Revision 1, : the entry was first published.

See also

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