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This entry was published on 2024-06-28
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SECTION 899-EE
Definitions
General Business (GBS) CHAPTER 20, ARTICLE 39-FF
* § 899-ee. Definitions. For purposes of this article, the following
terms shall have the following meanings:

1. "Covered user" shall mean a user of a website, online service,
online application, mobile application, or connected device, or portion
thereof, in the state of New York who is:

(a) actually known by the operator of such website, online service,
online application, mobile application, or connected device to be a
minor; or

(b) using a website, online service, online application, mobile
application, or connected device primarily directed to minors.

2. "Minor" shall mean a natural person under the age of eighteen.

3. "Operator" shall mean any person who operates or provides a website
on the internet, online service, online application, mobile application,
or connected device, and who, alone or jointly with others, controls the
purposes and means of processing personal data. A person that acts as
both an operator and processor shall comply with the applicable
obligations of an operator and the obligations of a processor, depending
on its role with respect to each specific processing of personal data.

4. "Personal data" shall mean any data that identifies or could
reasonably be linked, directly or indirectly, with a specific natural
person or device.

5. "Process" or "processing" shall mean an operation or set of
operations performed on personal data, including but not limited to the
collection, use, access, sharing, sale, monetization, analysis,
retention, creation, generation, derivation, recording, organization,
structuring, storage, disclosure, transmission, disposal, licensing,
destruction, deletion, modification, or deidentification of personal
data.

6. "Primarily directed to minors" shall mean a website, online
service, online application, mobile application, or connected device, or
a portion thereof, that is targeted to minors. A website, online
service, online application, mobile application, or connected device, or
portion thereof, shall not be deemed directed primarily to minors solely
because such website, online service, online application, mobile
application, or connected device, or portion thereof refers or links to
any other website, online service, online application, mobile
application, or connected device directed to minors by using information
location tools, including a directory, index, reference, pointer, or
hypertext link. A website, online service, online application, mobile
application, or connected device, or portion thereof, shall be deemed
directed to minors when it has actual knowledge that it is collecting
personal data of users directly from users of another website, online
service, online application, mobile application, or connected device
primarily directed to minors.

7. "Sell" shall mean to share personal data for monetary or other
valuable consideration. "Selling" shall not include the sharing of
personal data for monetary or other valuable consideration to another
person as an asset that is part of a merger, acquisition, bankruptcy, or
other transaction in which that person assumes control of all or part of
the operator's assets or the sharing of personal data with a processor.

8. "Processor" shall mean any person who processes data on behalf of
the operator. A person that acts as both an operator and processor shall
comply with the applicable obligations of an operator and the
obligations of a processor, depending on its role with respect to each
specific processing of personal data.

9. "Third-party operator" shall mean an operator who is not the
operator:

(a) with whom the user intentionally and directly interacts; or

(b) that collects personal data from the direct and current
interactions with the user.

* NB Effective June 20, 2025