New Texas Law Requires Age Checks on App Stores to Protect Minors
Texas has enacted a law that requires Apple and Google to verify the age of users accessing their app stores. The legislation requires parental consent for minors under 18 before they can download apps or make in-app purchases. This law places Texas, which is the USA’s second most populous state, at the forefront of the ongoing debate over how best to protect young users in an increasingly digital world.
This follows Utah’s similar legislation earlier this year and reflects growing concern over children’s online safety amid rising awareness of the mental health impacts of social media. At the federal level, lawmakers have introduced the Kids Online Safety Act (KOSA), aiming to enforce safer online environments for children, but the bill has yet to pass through the U.S. House of Representatives.
While child safety advocates have welcomed the new Texas law as a necessary step to give parents more control, major tech companies Apple and Google have voiced strong opposition. Apple has argued that the law forces app stores to collect and retain sensitive personal information from all users in Texas, even those downloading simple, non-controversial apps like weather or sports apps, raising serious privacy concerns. Apple’s spokesperson stated that better solutions exist that protect children without compromising the privacy of millions of users. Google, although less vocal publicly, has indicated a preference for a more targeted approach that only shares age information with apps that genuinely require it.
The law has sparked a broader conversation about the role of app stores versus social media platforms in safeguarding children online. Social media giants such as Meta, owner of Facebook and Instagram, have pushed for app stores to take on the responsibility of verifying users’ ages, seeing them as the “one-stop shop” for parental controls. Many social media companies and child safety groups argue that self-regulation has failed, and enforceable age verification is crucial for protecting children from harmful content.
However, the legislation also faces potential legal challenges. Critics, including the Chamber of Progress, backed by Apple and Google, suggest that the law may infringe on First Amendment rights by burdening adult speech in an attempt to regulate children’s online activities. The challenge is based on whether such age verification requirements constitute a content-based restriction on digital communication.
Texas’s new law is part of a growing trend in which states are taking independent actions amid the patchwork of national regulations. It also reflects the increasing pressure on Silicon Valley companies to balance innovation, user privacy, and safety. As digital platforms continue to shape how children interact with technology, laws like Texas’s represent efforts to create clearer boundaries and responsibilities in protecting young users.
What Does This Mean For Small Businesses?
For many small businesses, apps are a vital channel for reaching customers, driving engagement, and generating revenue, whether through direct purchases, subscriptions, or in-app sales. The new law requires parental consent for anyone under 18 attempting to download an app or make purchases within it, which introduces additional steps in the user experience. While this regulation aims to protect minors, it could have unintended ripple effects on small developers and startups.
One immediate challenge is the potential reduction in user downloads and in-app purchases from younger audiences who may now face hurdles accessing apps. For small businesses targeting younger demographics, such as educational apps, games, or youth-oriented services, this could mean a smaller customer base or slower growth, as parental approval becomes a factor.
App developers might face increased operational costs and complexity to comply with these new rules. Although Apple and Google are responsible for verifying age at the app store level, businesses may need to adjust their marketing, customer support, and product strategies to address new parental consent processes. This added layer could complicate user acquisition and retention efforts, especially for startups without large compliance teams.
Privacy concerns also come into play. The law’s requirements mean sensitive user data could be collected and stored to verify age, raising questions about data protection. Small businesses need to be aware of how their app interacts with these systems, ensuring they safeguard user data properly to maintain customer trust.
On the flip side, the law could also create opportunities. By creating a safer environment for minors, it might increase parental confidence in certain apps, particularly those designed for children or teens. Small businesses that prioritise transparency and child safety may gain a competitive edge, appealing to more cautious parents and caregivers.
Furthermore, as age verification becomes a legal norm, small businesses could benefit from clearer guidelines and standards around digital age restrictions, helping them avoid legal risks related to underage users and inappropriate content.
In the bigger picture, the Texas law highlights how regulatory patterns are shifting quickly in the digital space, emphasising the need for small businesses to stay informed and adaptable. While compliance may pose challenges, it also encourages innovation in creating user-friendly, privacy-conscious solutions that protect vulnerable audiences without sacrificing accessibility.
How Can Gerrish Legal Help?
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We give companies the support they need to successfully and confidently run their businesses whilst complying with legal regulations without the burdens of keeping up with ever-changing digital requirements.
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