Enforcement and Safe Harbor

Utah Code tit. 13, ch. 13-76, pt. 13-76-P4

in effect

Utah Code § 13-76-401 Enforcement.

13-76-401. Enforcement. (1) (a) Beginning May 6, 2027, only a minor, or the parent of that minor, who has been harmed by a violation of Subsection 13-76-201(2) may bring a civil action against an app store provider. (b) Beginning May 6, 2027, only a minor, or the parent of that minor, who has been harmed by a violation of Subsection 13-76-202(4) may bring a civil action against a developer. (2) In an action described in Subsection (1), the court shall award a prevailing parent: (a) the greater of: (i) actual damages; or (ii) $1,000 for each violation; (b) reasonable attorney fees; and (c) litigation costs. Amended by Chapter 157, 2026 General Session

Utah Code § 13-76-402 Safe harbor.

13-76-402. Safe harbor. (1) A developer is not liable for a violation of this chapter if the developer demonstrates that the developer: (a) relied in good faith on: (i) age category data received through an app store's data sharing methods; and (ii) notification from an app store provider that verifiable parental consent was obtained if the age category data indicates that the account holder is a minor; and (b) complied with the requirements described in Section 13-76-202. (2) The safe harbor described in this section: (a) applies only to actions brought under this chapter; and (b) does not limit a developer or app store provider's liability under any other applicable law. Amended by Chapter 157, 2026 General Session

Utah Code § 13-76-403 Severability.

13-76-403. Severability. (1) If any provision of this chapter or the application of any provision to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this chapter shall be given effect without the invalid provision or application. (2) The provisions of this chapter are severable. Enacted by Chapter 446, 2025 General Session

Utah Code § 13-76-404 Application and limitations.

13-76-404. Application and limitations. Nothing in this chapter shall be construed to: (1) prevent an app store provider or developer from taking reasonable measures to: (a) block, detect, or prevent distribution to minors of: (i) unlawful material; (ii) obscene material; or (iii) other harmful material; (b) block or filter spam; (c) prevent criminal activity; or (d) protect app store or app security; (2) require an app store provider to disclose user information to a developer beyond: (a) age category data; or (b) verification of parental consent status; (3) allow an app store provider or developer to implement measures required by this chapter in a manner that is: (a) arbitrary; (b) capricious; (c) anticompetitive; or (d) unlawful; (4) require a developer to collect, retain, reidentify, or link any information beyond what is: (a) necessary to verify age categories and parental consent status as required by this chapter; and (b) collected, retained, reidentified, or linked in the developer's ordinary course of business; (5) require an app store provider or developer to block access to an application that an account holder has downloaded or installed onto a mobile device before the day on which the obligations described in Sections 13-76-201 and 13-76-202 take effect, except to the extent that: (a) a parent account revokes verifiable parental consent for an affiliated minor account; or (b) a significant change to the application has occurred; (6) require a developer or app store provider to create, adopt, or implement an app age rating system or content classification framework; or (7) displace any other available remedies or rights authorized under the laws of this state or the United States. Amended by Chapter 157, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title13/Chapter76/13-76-P4.html?v=C13-76-P4_2026123120250507Fetched: 10/26/2026