N.Y. General Business Law Section 899-II
Respecting user-provided age flags

1.

For the purposes of this article, an operator shall treat a user as a covered user if the user’s device communicates or signals that the user is or shall be treated as a minor, including through a browser plug-in or privacy setting, device setting, or other mechanism that complies with regulations promulgated by the attorney general.

2.

For the purposes of subdivision three of § 899-FF (Privacy protection by default)section eight hundred ninety-nine-ff of this article, an operator shall adhere to any clear and unambiguous communications or signals from a covered user’s device, including through a browser plug-in or privacy setting, device setting, or other mechanism, concerning processing that the covered user consents to or declines to consent to. An operator shall not adhere to unclear or ambiguous communications or signals from a covered user’s device, and shall instead request informed consent pursuant to the provisions of paragraph a of subdivision three of § 899-FF (Privacy protection by default)section eight hundred ninety-nine-ff of this article. * NB Effective June 20, 2025

Source: Section 899-II — Respecting user-provided age flags, https://www.­nysenate.­gov/legislation/laws/GBS/899-II (updated Jun. 28, 2024; accessed Jun. 9, 2025).

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Verified:
Jun. 9, 2025

Last modified:
Jun. 28, 2024

§ 899-II’s source at nysenate​.gov

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