Age-Appropriate Design Code, enforcement

S.C. Code Ann. sec. 39-80-80 (Act No. 96 of 2026, H. 3431)

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What follows is LexLint's own research summary of this law, not legal advice.

In force 8 months, effective 5 February 2026.

An enforcement supervision rule binding private bodies.

As of 28 August 2026.

What it requires

Expect the South Carolina Attorney General to enforce this chapter, with treble damages available for a violation and personal liability for officers and employees on a willful or wanton violation.
Do not assume this chapter is silent on private enforcement or that it is settled either way. Whether a private plaintiff may invoke the treble-damages remedy is unresolved in the statutory text.

What this law does

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

The Attorney General enforces Chapter 80. A covered online service is liable for treble the financial damages incurred as a result of a violation, and officers and employees of a covered online service may be held personally liable for willful and wanton violations.

The 30,353-character enacted text does not resolve whether the treble-damages remedy is available to a private plaintiff or is confined to a suit the Attorney General brings: no clause reads that an injured person may bring a civil action, the phrasing South Carolina's breach statute uses to grant one, and no clause reads that the chapter creates no private right of action, the phrasing Pennsylvania's and West Virginia's comparable proposed and dead bills use to foreclose one.

Whether a private right of action exists is therefore left unrecorded for this instrument; the treble-damages and personal-liability clauses read most naturally as remedies within the Attorney General's own suit given the enforcement section's framing naming only the Attorney General, and no construing case settles it.

When LexLint raises it

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Read the law

official South Carolina session law text, Act No. 96 of 2026 (H. 3431), South Carolina Legislature website

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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