South Carolina Age-Appropriate Code Design Act (H. 3431)
South Carolina Age-Appropriate Code Design Act (H. 3431) in South Carolina: challenged, effective February 5, 2026. Applies to $25M+ revenue OR 50K+ consumers/devices OR 50%+ revenue from data sales AND reasonably likely to be accessed by minors. Age range: Under 18. Reasonable care in use of minors
Key facts
| Jurisdiction | South Carolina |
|---|---|
| Category | Age-Appropriate Design Code |
| Status | challenged |
| Effective date | February 5, 2026 |
| Age range | Under 18 |
| Applies to | $25M+ revenue OR 50K+ consumers/devices OR 50%+ revenue from data sales AND reasonably likely to be accessed by minors |
Key requirements
- Reasonable care in use of minors' personal data and platform design
- Prohibits ads for certain products and dark patterns
- Mandatory public third-party audit reports on treatment of minors
- Detailed disclosures about personalized recommendation systems and parental controls
- Officers and employees personally liable for willful violations
- Treble damages for violations
Notes
Signed February 5, 2026 with immediate effect. NetChoice sued February 9, 2026 (NetChoice v. Wilson) and moved for a preliminary injunction in March; no injunction had been entered as of September 2026, so the law is in force.
Frequently asked
What does South Carolina Age-Appropriate Code Design Act (H. 3431) require?
Reasonable care in use of minors' personal data and platform design Prohibits ads for certain products and dark patterns Mandatory public third-party audit reports on treatment of minors Detailed disclosures about personalized recommendation systems and parental controls Officers and employees personally liable for willful violations Treble damages for violations
Who must comply with South Carolina Age-Appropriate Code Design Act (H. 3431) in South Carolina?
$25M+ revenue OR 50K+ consumers/devices OR 50%+ revenue from data sales AND reasonably likely to be accessed by minors
When does South Carolina Age-Appropriate Code Design Act (H. 3431) take effect and what is its status?
Effective February 5, 2026. Current status: challenged. Signed February 5, 2026 with immediate effect. NetChoice sued February 9, 2026 (NetChoice v. Wilson) and moved for a preliminary injunction in March; no injunction had been entered as of September 2026, so the law is in force.
Related laws
| Law | Jurisdiction | Category | Status | Effective |
|---|---|---|---|---|
| South Carolina Stop Harm from Addictive Social Media Act (HB 4591) | South Carolina | Social Media | pending | January 1, 2027 |
| California Age-Appropriate Design Code Act (AB 2273) | California | Age-Appropriate Design Code | challenged | Partially active (April 2026) |
| Maryland Age-Appropriate Design Code Act (Kid's Code) | Maryland | Age-Appropriate Design Code | challenged | October 1, 2024 |
| Nebraska Age-Appropriate Online Design Code Act (LB 504, amended by LB 838) | Nebraska | Age-Appropriate Design Code | active | January 1, 2026 (amended July 17, 2026) |
| New Jersey Kids Code Act (A 4015) | New Jersey | Age-Appropriate Design Code | pending | September 1, 2027 |
| Vermont Age-Appropriate Design Code Act | Vermont | Age-Appropriate Design Code | challenged | January 1, 2027 |
| Age Verification for Harmful Content | South Carolina | Age Verification | active | Active |
Put it into practice
- Generate the policy: Privacy policy generator (generatepolicy.com)
- Buy the policy pack: State Privacy Law Checklist (cyberpolicy.shop)
- Build it yourself: 2026 US Privacy Program Workbook (ciso.diy)