Big News! Texas's "App Store Accountability Act" is Coming! Will Kids Need Parental Approval to Use Apps?
6/4/20254 min read
Attention Texas parents! A new bill called the "App Store Accountability Act" (S.B. No. 2420) is about to take effect in Texas, and it could change the way children use mobile apps! This act aims to strengthen the regulation of platforms for the sale and distribution of software applications for mobile devices, especially when it involves minor users.
The Act will officially take effect on January 1, 2026. Follow along with SUNNY to see what this new act stipulates!
I. Core of the Act: Protecting Minors
Simply put, this act sets a series of new rules for app stores and app developers, with the core purpose of protecting our children.
Who will be affected?
App Stores: Publicly available internet services operating in Texas that distribute apps to mobile users, like Apple's App Store or Google Play.
Software Application Developers: Companies or individuals who provide apps to Texas users through app stores.
Minors: In the act, "minor" refers to a child younger than 18 years of age who has not had the disabilities of minority removed for general purposes.
II. Parents, Please Note! These Changes Affect You Directly:
Clear Age Categories:
Child: Younger than 13 years of age.
Younger Teenager: At least 13 years of age but younger than 16 years of age.
Older Teenager: At least 16 years of age but younger than 18 years of age.
Adult: At least 18 years of age. When a user creates an account, the app store must use a commercially reasonable method to verify the user's age category.
Minor's Account Must Be Linked to a Parent's Account, and Parental Consent is Required:
If a child is determined to be in one of the three minor age categories mentioned above, their app store account must be affiliated with a parent's "parent account".
The owner of the "parent account" must be verified as an "adult" and have legal authority to make decisions on behalf of the minor. A single parent account can be affiliated with multiple minors' accounts.
Key point! Before a child can download an app, purchase an app, or make an in-app purchase, the app store must obtain consent from the parent through the affiliated parent account. Consent must be obtained for each individual download or purchase.
Parental Right to Information: When seeking consent, the app store must disclose the following to the parent:
The specific software application or purchase for which consent is sought.
The age rating assigned to the software application or purchase and the specific content or other elements that led to that rating.
The nature of any collection, use, or distribution of personal data that would occur because of the software application or purchase.
Any measures taken by the developer of the software application or purchase to protect the personal data of users.
A clear choice for the parent or guardian to give or withhold consent.
Ensure that consent is given by the parent or guardian through the account affiliated with the minor's account.
Significant App Updates? Re-consent Needed: If an app undergoes significant changes (e.g., changes to terms of service, privacy policy, changes affecting data collection, age rating, or adding new monetization features), the app store must notify the parent and obtain new consent for the minor's continued use or purchase of the software application.
Exceptions: Parental consent is not required for all apps. For example, consent is not required for the download of a software application that:
Provides a user with direct access to emergency services, including 9-1-1, a crisis hotline, or an emergency assistance service legally available to a minor.
Limits data collection to information collected in compliance with the Children's Online Privacy Protection Act of 1998 and necessary for providing emergency services.
Allows a user to access and use the software application without requiring the user to create an account with the software application.
Is operated by or in partnership with a governmental entity, a nonprofit organization, or an authorized emergency service provider.
III. New Responsibilities for App Stores:
Age Verification: Must verify user age.
Display Age Ratings: Must display the age rating and other content notices for each software application in a clear, accurate, and conspicuous manner. If the app store does not have its own mechanism for displaying an age rating, it shall display the rating assigned by the developer and the specific content or elements that led to that rating.
Protect Personal Data: Must limit the collection and processing of personal data to the minimum amount necessary for verifying age, obtaining consent, and maintaining compliance records. Personal data must be transmitted using industry-standard encryption protocols.
Provide Information to Developers: Must allow developers to access current information related to the age category assigned to each user and whether consent has been obtained for each minor user.
IV. New Responsibilities for App Developers:
Assign Age Ratings: Developers must assign an age rating to each software application and to each purchase that can be made through the software application, and provide these ratings and the specific content or elements that led to them to each app store.
Notify of Significant Changes: Developers must provide notice to each app store before making any significant change to the terms of service or privacy policy, or changes that affect personal data categories, ratings, add new monetization features, or materially change functionality or user experience.
Verify User Age and Consent: Developers must create and implement a system to use information received from the app store to verify the age category of each user and whether consent has been obtained for each minor user.
Personal Data Use Limitation: Personal data provided by the app store may only be used to enforce age-related restrictions and protections, ensure compliance with applicable laws and regulations, and implement safety-related features and default settings. This data must be deleted upon completion of the required verification.
V. What if the Act is Violated?
A violation of this chapter constitutes a deceptive trade practice and is actionable under that subchapter.
SUNNY's Summary:
The introduction of the "App Store Accountability Act" undoubtedly brings new rules for digital-age families in Texas. For parents, this means more rights to information and control when their children use apps. For app stores and developers, it means taking on more responsibility to protect minors.
There's still some time before the act takes effect, but understanding these changes can help us better safeguard our children's digital lives. Parents can start paying attention to app age ratings and privacy policies and discuss healthy app usage habits with their children.