Online service, product, or feature: access by children.
What changed between versions
A new Title 1.81.47 (Sections 1798.99.28 through 1798.99.34) is added to the Civil Code, creating a parallel set of child online safety provisions separate from the Business and Professions Code chapter. The bill now repeals and re-adds this title rather than simply adding a B&P Code chapter.
New Section 1798.99.30 requires businesses to take reasonable steps to prevent four categories of harm to children: physical or financial harm, severe psychological or emotional harm, highly offensive privacy intrusions, and adverse discrimination in violation of law. Carve-outs clarify this does not impose a duty to monitor third-party content, restrict lawful speech, or require specific content ranking outcomes.
The Civil Code version (Section 1798.99.29) replaces the flat prohibition on profiling children by default with a conditional ban: profiling by default is permitted if the business has appropriate safeguards AND either the profiling is necessary for the service the child is actively engaged with or it is necessary to enhance the child's safety, privacy, or education.
The Civil Code version adds an exception to the rule against using personal information for purposes other than collection: processing is allowed if necessary to ensure safety, integrity, or security of the service, for measurement, auditing, and system improvement, or to comply with the title.
The Civil Code version narrows the age-estimation data provision from prohibiting both use and retention of age-estimation data for other purposes to only prohibiting retention (the word 'use' is removed, leaving only 'retain').
The specific prohibition on using a child's personal information in ways that cause significant mental suffering or distress or discrimination (paragraph (1) of the B&P Code version) is not carried into the Civil Code version. It is replaced by the broader 'reasonable steps to prevent harm' duty in Section 1798.99.30.
New Section 1798.99.31 allows a child to void any contract provision entered into by the child or their parent/guardian if it resulted from a design feature of an online service likely to be accessed by children, including terms of service agreements.
Civil Code penalties (Section 1798.99.32) now allow both the Attorney General and public prosecutors to bring civil actions, whereas the B&P Code version only authorizes the Attorney General. Penalty amounts are $5,000 per affected child for negligent violations and $15,000 for intentional violations in both versions.