NOTE: §1774 eff. July 1, 2026. See Acts 2025, No. 481, §2.

§1774. Protections

            A. A developer is not liable for a violation of this Part if the developer demonstrates that the developer complied with the requirements described in R.S. 51:1773.

            B. For the purposes of setting the age category of an application and providing content description disclosure to a covered application store provider, a developer complies with R.S. 51:1773(C) if the developer uses widely adopted industry standards to determine the application's age category and the content description disclosures and if the developer applies those standards consistently and in good faith.

            C. The protection described in this Section applies only to actions brought pursuant to this Part and shall not limit a developer of covered application store provider's liability under any applicable law.

            D. Nothing in this Part shall displace any other available remedies or rights authorized under the laws of this state or the United States.

            E. Nothing in this Part shall be construed to do any of the following:

            (1) Prevent a covered application store provider or developer from taking reasonable measures to do any of the following:

            (a) Block, detect, or prevent distribution to minors of unlawful material, obscene material, or other harmful material.

            (b) Block or filter spam.

            (c) Prevent criminal activity.

            (d) Protect the application store or application security.

            (2) Require a covered application store provider to disclose user information to a developer beyond age category or verification of parental consent status.

            (3) Allow a covered application store provider or developer to implement measures required by this Part in a manner that is arbitrary, capricious, anticompetitive, or unlawful.

            (4) Require a covered application store provider or developer to obtain parental consent for an application that meets all of the following conditions:

            (a) Provides direct access to emergency services, including:

            (i) 911.

            (ii) Crisis hotlines.

            (iii) Emergency assistance services legally available to minors.

            (b) Limits data collection to information necessary to provide emergency services in compliance with 15 U.S.C. 6501 et seq., Children's Online Privacy Protection Act.

            (c) Provides access without requiring account creation or collection of unnecessary personal information.

            (d) Is operated by or in partnership with any of the following:

            (i) A government entity.

            (ii) A nonprofit organization.

            (iii) An authorized emergency service provider.

            (5) Require a developer to collect, retain, reidentify, or link any information beyond any of the following:

            (a) What is necessary to verify age categories and parental consent status as required by this Part.

            (b) What is collected, retained, reidentified, or linked in the developer's ordinary course of business.

            (6) Relieve a developer of its obligation to conduct age verification as otherwise required by law.

            Acts 2025, No. 481, §2, eff. July 1, 2026.