13-76-101. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 3/18/2026

As used in this chapter:

(1)"Account holder" means an individual who is associated with a mobile device.

(2)"Age category" means one of the following categories of individuals based on age:

(a)"child" which means an individual who is under 13 years old;

(b)"younger teenager" which means an individual who is at least 13 years old and under 16 years old;

(c)"older teenager" which means an individual who is at least 16 years old and under 18 years old; or

(d)"adult" which means an individual who is at least 18 years old.

(3)"Age category data" means information about a user's age category that is:

(a)collected by an app store provider; and

(b)shared with a developer.

(4)"Age rating" means a classification that provides an assessment of the suitability of an app's content for different age groups.

(5)"App" means a software application or electronic service that a user may run or direct on a mobile device.

(6)"App store" means a publicly available website, software application, or electronic service that allows users to download apps from third-party developers onto a mobile device.

(7)"App store provider" means a person that owns, operates, or controls an app store that allows users in the state to download apps onto a mobile device.

(8)"Content description" means a description of the specific content elements that informed an app's age rating.

(9)"Developer" means a person that owns or controls an app made available through an app store in the state.

(10)"In-app purchase" means a charge associated with any user conduct within an app and billed by an app store for the acquisition of virtual currency, digital goods, digital services, or other apps.

(11)"Knowingly" means to act with actual knowledge or to act with knowledge fairly inferred based on objective circumstances.

(12)"Minor" means an individual under 18 years old that:

(a)has not been emancipated as that term is defined in Section 80-7-102 ; or

(b)has not been married.

(13)"Minor account" means an account with an app store provider that:

(a)is established by an individual who the app store provider has determined is under 18 years old through the app store provider's age verification methods; and

(b)requires affiliation with a parent account.

(14)"Mobile device" means a phone or general purpose tablet that:

(a)provides cellular or wireless connectivity;

(b)is capable of connecting to the internet;

(c)runs a mobile operating system; and

(d)is capable of running apps through the mobile operating system.

(15)"Mobile operating system" means software that:

(a)manages mobile device hardware resources;

(b)provides common services for mobile device programs;

(c)controls memory allocation; and

(d)provides interfaces for applications to access device functionality.

(16)"Parent" means, with respect to a minor, an individual who is reasonably believed to be:

(a)an individual who has a parent-child relationship, as defined in Section 81-5-102 , with the minor;

(b)a legal guardian;

(c)an individual with legal custody; or

(d)any other individual who has legal authority to make decisions on behalf of a minor.

(17)"Parent account" means an account with an app store provider that:

(a)is verified to be established by an individual who the app store provider has determined is not a minor through the app store provider's age verification methods; and

(b)may be affiliated with one or more minor accounts.

(18)"Parental consent disclosure" means the following information that an app store provider is required to provide to a parent before obtaining verifiable parental consent:

(a)if the app store provider has an age rating for the app, the app's age rating;

(b)if the app store provider has a content description for the app, the app's content description;

(c)a description of:

(i)the personal data collected by the app from a user; and

(ii)the personal data shared by the app with a third party; and

(d)if personal data is collected by the app, the methods implemented by the developer to protect the personal data.

(a)"Pre-installed application" means an app, or portion of an app, that is present on a mobile device at the time of:

(i)purchase;

(ii)initial activation; or

(iii)first use by a consumer.

(b)"Pre-installed application" includes:

(i)an app, or portion of an app, installed or partially installed by:

(A)the device manufacturer;

(B)a wireless service provider;

(C)a retailer; or

(D)any other party before purchase, initial activation, or first use by the consumer; and

(ii)browsers, search engines, and messaging applications.

(c)"Pre-installed application" does not include:

(i)core operating system functions;

(ii)essential device drivers;

(iii)applications necessary for basic device operation, including:

(A)phone applications;

(B)settings applications; or

(C)emergency services applications; or

(iv)security or system maintenance applications essential to device functionality.

(20)"Significant change" means a material modification to an app's terms of service or privacy policy that:

(a)changes the categories of data collected, stored, or shared;

(b)alters the app's age rating or content descriptions;

(c)introduces in-app purchases where no in-app purchases were previously present in the app; or

(d)introduces advertisements where no advertisements were previously present in the app.

(21)"Verifiable parental consent" means authorization that:

(a)is provided by an individual who the app store provider has verified is an adult;

(b)is given after the app store provider has clearly and conspicuously provided the parental consent disclosure to the individual; and

(c)requires the parent to make an affirmative choice to:

(i)grant consent; or

(ii)decline consent.

Amended by Chapter 95 , 2026 General Session