Law / United States / New York

S7695B, New York Child Data Protection Act

N.Y. Gen. Bus. Law art. 39-FF, sections 899-EE to 899-MM (2024 N.Y. Laws ch. 121)

In force since .

An age-appropriate design code rule binding private bodies.

Private right of action
No
Penalties
Up to $5,000 per violation, plus injunctive relief, restitution, and disgorgement.
Audit expectation
on_request
Who audits it
Independent third party
Where the report goes
Produced on request

What it requires

  • Applies to operators of websites, online services, apps, and connected devices directed to or reasonably likely to be used by minors.
  • Do not process, sell, or share the personal data of a user under 18 for targeted advertising, profiling, or other non-essential purposes without informed consent.NIST Privacy FrameworkCT.PO-P1
  • Honor browser or device signals indicating that a user is a minor.NIST Privacy FrameworkCT.PO-P3

These lines are LexLint's reading of the law's text. Also read by: New York State Office of the Attorney General (guidance, recorded ).

In the frameworks

NIST Privacy Framework
  • CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
  • CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.

Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law

Who enforces it

Enforcement body

New York Attorney General

Settledness

As of
Guidance link
https://ag.ny.gov/sites/default/files/2025-05/nycdpa-guidance.pdf
Guidance body
New York State Office of the Attorney General
Open questions
Which characteristics make a device's "age flag" one an operator must respect under General Business Law section 899-ii(1), when the Attorney General has said it will promulgate rules on them and will exercise discretion in pursuing enforcement on that provision until the rules are in effect?

What it reaches

Age threshold

18

Covered services

Websites, online services, apps, and connected devices directed to or reasonably likely to be used by minors

How the hook was established

express

What makes it apply

Place of effect

Verification methods

Device signal

What it makes you log

Who may demand the log

Counterparty

Logging duty

A processor must provide the operator evidence of each deletion within thirty days, make available the information needed to show its compliance, and allow assessments by the operator or an independent assessor, which cannot be done without records. The operator's own duties in sections 899-ff and 899-ii name no log or record.

Kind
Implicit
As of
Provision
N.Y. Gen. Bus. Law 899-gg(3), (4) and (5)(c) and (d)
Trigger
personal_data_processing

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Operators of websites, online services, apps, and connected products may not process, sell, or share the personal data of a user under 18 for targeted advertising, profiling, or other non-essential purposes without informed consent, and must honor browser or device signals indicating a user is a minor. The Attorney General has said it will exercise enforcement discretion for good-faith compliance efforts while final implementing rules remain pending.

When LexLint raises it

When your app profile says your app serves under-18s.

Back to the example  ·  Lint your app

Page updated .