EdLaw nat/us/state/md/kids-code/README.md

language: en · status: in-force · last checked: 2026-10-08

Maryland Age-Appropriate Design Code Act (Maryland Kids Code)

Maryland's children's design code, Commercial Law Title 14, Subtitle 48, cited as the Maryland Age-Appropriate Design Code Act (§14-4813). It was enacted by Chapters 460 and 461 of 2024 (SB 571 and HB 603) and took effect October 1, 2024. It applies to a for-profit covered entity that provides an online product reasonably likely to be accessed by children (under 18). Such an entity must act in the best interests of children and complete a data protection impact assessment for each such product. It may not profile children by default, collect their precise geolocation by default, process their data beyond what is needed, or use dark patterns. Default privacy settings must be high-privacy. Like the California CAADCA, it follows the UK Children's Code.

Litigation status — read first

Not enjoined. NetChoice challenges the Act in NetChoice v. Brown, No. 1:25-cv-00322 (D. Md., filed 3 February 2025), on First Amendment, vagueness and federal-preemption grounds. On 24 November 2025 the court denied the State's motion to dismiss and ordered an answer (Memorandum Opinion and Order, Bennett, J.). The opinion describes the Act as Md. Code Ann., Com. Law §§14-4801–14-4813. No order enjoining enforcement was found. The latest docket entries seen, in September 2026, are discovery orders (CourtListener docket, checked 2026-10-08). The Act is therefore labelled in-force. This differs from California's code, whose duties are enjoined. Check the docket before treating any duty as settled.

Applicability to EdTech

Contents

Document Covers
KIDS-CODE.md Commercial Law §§14-4801 to 14-4813 in full, as in effect on 1 October 2026

Key obligations at a glance

Enforcement

A violation is an unfair, abusive or deceptive trade practice enforced under Title 13 of the Commercial Law Article, except §13-410 (§14-4808(a)). Civil penalties are up to $2,500 per affected child for each negligent violation and $7,500 per affected child for each intentional violation (§14-4808(b)). A covered entity in substantial compliance gets written notice and a 90-day cure period. It avoids the penalty if it has completed the required DPIAs, cures, certifies the cure in writing, and takes preventive measures (§14-4809). There is no private right of action (§14-4810(1)).

Licence

The corpus reproduces Commercial Law §§14-4801 to 14-4813 verbatim from the Maryland General Assembly's Statutes Text pages (read 2026-10-08), which carry no copyright notice.

Statute text enacted by a state legislature is outside copyright under the government edicts doctrine. In Georgia v. Public.Resource.Org, Inc., 590 U.S. 255 (2020) (slip opinion, read 2026-10-01), the Supreme Court held: "Under what has been dubbed the government edicts doctrine, officials empowered to speak with the force of law cannot be the authors of—and therefore cannot copyright—the works they create in the course of their official duties."

Conditions: none attach to the statute text. The corpus still names the official source in its Sources section and in the fact document's {.meta} provenance lines. Its Meta section says what it changed: anchors added, whitespace collapsed, nothing reworded.

Sources