Assembly Bill A8835

2023-2024 Legislative Session

Prohibits certain exclusivity policies imposed by digital application distribution platforms on digital application developers

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A8835 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add Art 45 §§1500 & 1501, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
A6526

2023-A8835 (ACTIVE) - Summary

Prohibits digital application distribution platforms from requiring digital application developers to exclusively make their product available on such platform, or from requiring such developer to exclusively use such platform's digital payment system on such developer's digital application.

2023-A8835 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8835
 
                           I N  A S S E M B L Y
 
                             January 18, 2024
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the general business law, in relation to prohibiting
   certain exclusivity policies imposed by digital  application  distrib-
   ution platforms on digital application developers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 45 to read as follows:
                                ARTICLE 45
                           DIGITAL APPLICATIONS
 SECTION 1500. DEFINITIONS.
         1501. DIGITAL APPLICATION DISTRIBUTION PLATFORMS.
   § 1500. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "DIGITAL  APPLICATION"  MEANS  ANY APPLICATION SOFTWARE PROGRAM OR
 GROUP OF PROGRAMS DESIGNED TO BE DOWNLOADED OR ACCESSED ON AN ELECTRONIC
 DEVICE INCLUDING, BUT NOT LIMITED TO A COMPUTER, SMARTPHONE, TABLET,  OR
 OTHER SIMILAR DEVICE BY AN END-USER.
   2.  "DEVELOPER" MEANS THE CREATOR OF A DIGITAL APPLICATION MADE AVAIL-
 ABLE FOR DOWNLOAD BY END-USERS THROUGH A  DIGITAL  APPLICATION  DISTRIB-
 UTION PLATFORM OR OTHER DIGITAL DISTRIBUTION PLATFORM.
   3.   "DIGITAL  APPLICATION  DISTRIBUTION  PLATFORM"  MEANS  A  DIGITAL
 DISTRIBUTION PLATFORM FOR APPLICATIONS AND SERVICES PROVIDED TO  A  USER
 ON  AN  ELECTRONIC  DEVICE  INCLUDING, BUT NOT LIMITED TO, A SMARTPHONE,
 TABLET, COMPUTER, OR OTHER SIMILAR DEVICE.
   4. "SPECIAL-PURPOSE DIGITAL APPLICATION DISTRIBUTION PLATFORM" MEANS A
 DIGITAL DISTRIBUTION PLATFORM FOR SINGLE OR  SPECIALIZED  CATEGORIES  OF
 DIGITAL  APPLICATIONS, SOFTWARE, AND SERVICES PROVIDED TO AN END-USER ON
 SPECIAL-PURPOSE  HARDWARE  INCLUDING,  BUT  NOT  LIMITED  TO,  A  GAMING
 CONSOLE, MUSIC PLAYER, OR OTHER SIMILAR SPECIAL-PURPOSE DEVICE.
   5. "DIGITAL PAYMENT APPLICATION" MEANS A DIGITAL APPLICATION, SERVICE,
 OR  USER  INTERFACE  USED TO PROCESS A PAYMENT OR MONEY TRANSFER FROM AN
 INDIVIDUAL OR ENTITY TO ANOTHER INDIVIDUAL OR ENTITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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