On 14 January 2025, the Age-Appropriate Design Code Act (H 3402) was introduced to the House of Representatives of South Carolina to regulate how online services, products, and features accessible to children are designed and managed. The Act requires covered entities to complete data protection impact assessments, ensure privacy-by-default settings, and prohibit practices such as profiling children without safeguards or processing data beyond what is necessary. It defines covered entities as organisations that process children’s data in any capacity while operating within South Carolina and meet specific criteria. These include for-profit organisations or their affiliates that share common branding and either have annual gross revenues exceeding USD 25 million, handle personal data of at least 50’000 consumers, households, or devices annually, or derive at least 50% of their revenue from selling consumer data. It establishes penalties for violations, mandates transparency in privacy policies tailored to children, and provides mechanisms for enforcement through the state Attorney General. The Act aims to prioritise children’s best interests, protect their data privacy, and mitigate risks associated with online interactions, taking effect upon the Governor's approval.
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