State Children's Privacy Law Tracker / Maryland
Maryland Children's Privacy Laws (2026)
2 laws & bills tracked · overall: In force · current as of July 18, 2026
Maryland has 2 tracked children's privacy laws and bills, each listed below with its status, the ages it covers, litigation posture, and a link to the official primary source. For the interactive view, open Maryland in the tracker map.
Maryland Age-Appropriate Design Code Act (Maryland Kids Code) · SB 571 / HB 603 (2024, Ch. 460)
In force: Effective and enforceable today. · Design code · effective 2024-10-01 · binds operators, platforms
Ages: Children under 18 (consumers under 18 reasonably likely to access the service)
Requires: Online product/service operators whose offerings are reasonably likely to be accessed by children (under 18) must complete data protection impact assessments (DPIAs), configure default privacy settings to the highest level for children, and act in the best interests of children. They are barred from processing children's personal data in ways materially detrimental to children or beyond what is reasonably necessary, from using dark patterns, and from profiling or using a child's data in harmful ways absent specified safeguards. The law relies on a 'likely to be accessed by children' audience standard rather than mandating age verification. Penalties up to $2,500 per child (negligent) and $7,500 per child (intentional).
Litigation: NetChoice v. Brown, No. 1:25-cv-00322 (D. Md.), Judge Richard D. Bennett. Filed Feb 3, 2025. Court denied the State's motion to dismiss Nov 24, 2025; no injunction in effect. On July 7, 2026, the court granted NetChoice's motion for leave to file a Second Amended Complaint adding a dormant Commerce Clause claim (ECF Nos. 90-91). The Kids Code remains enforceable and in force; case proceeds toward the Second Amended Complaint and discovery.
Primary sourceEntry last reviewed
Maryland Online Data Privacy Act of 2024 (MODPA): minors' provisions · SB 541 (2024, Ch. 455; cross-filed HB 567)
In force: Effective and enforceable today. · Privacy law (minors) · effective 2025-10-01 · binds operators
Ages: Known children under 13; minors under 18
Requires: A controller may not process or sell the personal data of a consumer it knows or should know is under 18 for purposes of targeted advertising, and may not 'sell' such a minor's personal data; these are flat prohibitions with no consent override. Personal data of a consumer the controller knows or has reason to know is a child (under 13 per COPPA) is treated as sensitive data, which may not be processed without obtaining consent in accordance with COPPA and may not be sold.
Primary sourceEntry last reviewed
Also on the books (out of scope): HB 394 (2025) - Civil Actions - Distribution of Obscene Material to Minors and Age Verification Information; adult-site age-verification bill, died in House Judiciary (hearing 2/5/2025, no vote).; HB 693 (2026) - Civil Actions - Distribution of Obscene Material to Minors. Reintroduces 2025's HB 394 (adult-site age verification); died in House Judiciary at 2026 session end.; HB 908 (2026) - Civil Actions - Failure to Restrict Distribution of Sexual Material Harmful to Minors: adult-content age-verification civil-liability bill; withdrawn by sponsor March 16, 2026. Out-of-scope mandates (like adult-content age-gates) are tracked separately and don't set this state's status.
Regardless of state law, COPPA governs personal information collected from children under 13: notice, verifiable parental consent, data minimization, and (under the 2025 amended Rule) limits on retention and third-party sharing.
SourceHow Maryland compares
- Age assurance: Maryland is one of 5 states tracking age assurance legislation: Montana, Nebraska, Michigan, Pennsylvania
- Design code: Maryland is one of 13 states tracking design code legislation: Colorado, Connecticut, Nebraska, New York, South Carolina, California and 6 more
- Privacy law (minors): Maryland is one of 24 states tracking privacy law (minors) legislation: Arkansas, California, Connecticut, Delaware, Florida, Indiana and 17 more
Not legal advice. I build products for a living; I'm not a lawyer. Compiled from primary sources and reviewed monthly as part of the State Children's Privacy Law Tracker; AI-assisted research, verified against each law's official source, but laws and injunctions change fast, so confirm the latest before relying on it. Related: COPPA's Gray Areas.
Cite this page: Calvo, Isaac A. "Maryland: Children's Privacy Laws." isaaccalvo.com/child-privacy-laws/maryland (data as of 2026-07-18).