Vermont has joined a growing list of states taking legislative action to protect kids online with the signing of S.69, a new law requiring digital services to design online products with the privacy and safety of minors in mind.
Governor Phil Scott signed the bill into law, stating, “As we see more and more kids using technology, I believe most would agree we need to take steps to protect them in a reasonable and responsible way when they’re online.” Acknowledging the legal hurdles similar laws have faced in other states, Scott noted that Vermont’s version will not take effect until January 1, 2027. “I’m hopeful the delay will allow enough time to provide clarity and change the law if necessary,” he added.
The Age-Appropriate Design Code Act applies to any online service likely to be accessed by children under 18 and imposes a range of design and data handling requirements. Among its provisions: businesses must estimate the age of users, configure default privacy settings to the highest level for minors, and avoid using manipulative design features—known as “dark patterns”—that encourage excessive use or the sharing of personal data.
The law prohibits profiling minors for advertising purposes unless strictly necessary and restricts the collection, retention, and use of children’s personal information beyond what is needed to deliver a service. It also bars companies from using any system design that is “materially detrimental” to the health or well-being of a child.
Enforcement authority lies with the Vermont Attorney General’s Office, which may bring civil actions and seek penalties of up to $2,500 per affected child for negligent violations and $7,500 for intentional ones. The law does not create a private right of action.
S.69 closely mirrors California’s 2022 Age-Appropriate Design Code, which has been blocked by a federal judge pending litigation over First Amendment concerns. Legal experts expect Vermont’s law to face similar challenges, though the delayed implementation may give lawmakers time to adjust the law in response to any court rulings.
Supporters argue that the law gives the state a critical framework to protect kids as they increasingly engage with digital technologies. Vermont now becomes one of several states attempting to fill the gap left by stalled federal efforts to regulate online child safety.
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