(a)Each controller that offers any online service, product or feature to consumers whom such controller has actual knowledge, or wilfully disregards, are minors shall use reasonable care to avoid any heightened risk of harm to minors caused by such online service, product or feature. In any enforcement action brought by the Attorney General pursuant to section 42-529e, there shall be a rebuttable presumption that a controller used reasonable care as required under this section if the controller complied with the provisions of section 42-529b concerning data protection assessments.
(b)(1) Subject to the consent requirement established in subdivision (3) of this subsection, no controller that offers any online service, product or feature to consumers whom such controller has actual knowled
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(a) Each controller that offers any online service, product or feature to consumers whom such controller has actual knowledge, or wilfully disregards, are minors shall use reasonable care to avoid any heightened risk of harm to minors caused by such online service, product or feature. In any enforcement action brought by the Attorney General pursuant to section 42-529e, there shall be a rebuttable presumption that a controller used reasonable care as required under this section if the controller complied with the provisions of section 42-529b concerning data protection assessments. (b) (1) Subject to the consent requirement established in subdivision (3) of this subsection, no controller that offers any online service, product or feature to consumers whom such controller has actual knowledge, or wilfully disregards, are minors shall: (A) Process any minor's personal data (i) for the purposes of (I) targeted advertising, (II) any sale of personal data, or (III) profiling in furtherance of any fully automated decision made by such controller that produces any legal or similarly significant effect concerning the provision or denial by such controller of any financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunity, health care services or access to essential goods or services, (ii) unless such processing is reasonably necessary to provide such online service, product or feature, (iii) for any processing purpose (I) other than the processing purpose that the controller disclosed at the time such controller collected such personal data, or (II) that is reasonably necessary for, and compatible with, the processing purpose described in subparagraph (A)(iii)(I) of this subdivision, or (iv) for longer than is reasonably necessary to provide such online service, product or feature; or (B) use any system design feature to significantly increase, sustain or extend any minor's use of such online service, product or feature. The provisions of this subdivision shall not apply to any service or application that is used by and under the direction of an educational entity, including, but not limited to, a learning management system or a student engagement program. (2) Subject to the consent requirement established in subdivision (3) of this subsection, no controller that offers an online service, product or feature to consumers whom such controller has actual knowledge, or wilfully disregards, are minors shall collect a minor's precise geolocation data unless: (A) Such precise geolocation data is reasonably necessary for the controller to provide such online service, product or feature and, if such data is necessary to provide such online service, product or feature, such controller may only collect such data for the time necessary to provide such online service, product or feature; and (B) the controller provides to the minor a signal indicating that such controller is collecting such precise geolocation data, which signal shall be available to such minor for the entire duration of such collection. (3) No controller shall engage in the activities described in subdivisions (1) and (2) of this subsection unless the controller obtains the minor's consent or, if the minor is younger than thirteen years of age, the consent of such minor's parent or legal guardian. A controller that complies with the verifiable parental consent requirements established in the Children's Online Privacy Protection Act of 1998, 15 USC 6501 et seq., and the regulations, rules, guidance and exemptions adopted pursuant to said act, as said act and such regulations, rules, guidance and exemptions may be amended from time to time, shall be deemed to have satisfied any requirement to obtain parental consent under this subdivision. (c) (1) No controller that offers any online service, product or feature to consumers whom such controller has actual knowledge, or wilfully disregards, are minors shall: (A) Provide any consent mechanism that is designed to substantially subvert or impair, or is manipulated with the effect of substantially subverting or impairing, user autonomy, decision-making or choice; or (B) except as provided in subdivision (2) of this subsection, offer any direct messaging apparatus for use by minors without providing readily accessible and easy-to-use safeguards to limit the ability of adults to send unsolicited communications to minors with whom they are not connected. (2) The provisions of subparagraph (B) of subdivision (1) of this subsection shall not apply to services where the predominant or exclusive function is: (A) Electronic mail; or (B) direct messaging consisting of text, photos or videos that are sent between devices by electronic means, where messages are (i) shared between the sender and the recipient, (ii) only visible to the sender and the recipient, and (iii) not posted publicly.