Law / North Carolina

North Carolina

age

North Carolina has two in-effect adult content laws. The PAVE Act, enacted in 2023, requires websites with substantial harmful-to-minors content to age-verify visitors and is enforced only through private civil suits. House Bill 805, enacted over the Governor's veto in July 2025, requires pornography platforms to verify the age and written consent of every individual depicted and honor removal requests, effective December 1, 2025.

A separate social media minor-access bill, House Bill 301, passed the House in 2025 and the Senate in 2026 in different forms and went to a House-Senate conference committee in late June 2026. No app store or design code law has been enacted or advanced past a single chamber.

privacy

North Carolina has no comprehensive consumer personal-data-protection statute. The marquee candidate, House Bill 462 (the NC Personal Data Privacy Act), remains in House committee with no floor vote in either chamber. North Carolina's operative privacy statute is the Identity Theft Protection Act's breach notification duty, N.C. Gen. Stat. Secs. 75-61 and 75-65 (Chapter 75, Article 2A), which sets no numeric notification deadline, requiring only notice without unreasonable delay.

The Act's personal information definition incorporates identifying information by cross-reference to North Carolina's criminal identity-theft statute, G.S. Sec. 14-113.20(b), which lists biometric data as one of fourteen enumerated items, but no North Carolina statute anywhere defines what the term means; it is used but never defined, so whether it excludes or reaches an identifier derived from a recording cannot be determined either way.

A 2025 amendment, Session Law 2025-25, confirmed that a breach-notice violation is a violation of North Carolina's general Unfair and Deceptive Trade Practices Act, arming an individual injured by the violation with a private civil action for treble damages under G.S. Sec. 75-16, though the injury requirement is written into the deeming clause itself.

10 instruments named 4 researched in detail As of 2026-08-28

Instruments

Each one links to its LexLint note, which carries what it requires and what it flags on.

Adult content age verification (AV)

HB 805, Prevent Sexual Exploitation of Women and Minors Act

cite N.C. Gen. Stat. ch. 66, art. 51A, sections 66-505 to 66-510 (Session Law 2025-84) stage RECENT in force 9 months effective 2025-12-01 source official session law text

Operators of websites and apps that publish pornographic images must verify, before publication, that every individual depicted was at least 18 when the image was created and gave explicit written consent to each act and to distribution, backed by a signed consent form and matching government-issued identification.

Operators must display removal instructions, remove images within 72 hours of a request from a depicted individual or law enforcement, and block removed images from re-publication; this regulates verification of people appearing in content rather than website visitors. The act was enacted over the Governor's veto on July 29, 2025.

Note and primary source

HB 8, Pornography Age Verification Enforcement (PAVE) Act

cite N.C. Gen. Stat. ch. 66, art. 51, sections 66-500 to 66-501 (Session Law 2023-132) stage IN FORCE in force since 2024-01-01 source official session law text

Commercial entities that knowingly publish or distribute material harmful to minors from a website where more than one third of the content meets that definition must verify that visitors are 18 or older using a commercial database or another commercially reasonable method. Providers may not retain identifying information after access is granted, and enforcement is solely through private civil suits by parents, guardians, or affected individuals.

Note and primary source

Breach notification

Identity Theft Protection Act, security breach notification

cite N.C. Gen. Stat. Secs. 75-61, 75-65 stage IMMINENT commencement not set source official North Carolina statute text, General Statutes Chapter 75, Article 2A

Any business that owns or licenses personal information of a North Carolina resident, or that conducts business in North Carolina and owns or licenses such information in any form, must give notice of a security breach to the affected person without unreasonable delay, consistent with the legitimate needs of law enforcement; the statute sets no numeric notification deadline.

Business is defined narrowly as a sole proprietorship, partnership, corporation, association, or other group, whether or not organized for profit, with no government entity included.

Personal information is a name combined with identifying information as cross-referenced from North Carolina's criminal identity-theft statute, G.S. Sec. 14-113.20(b), which lists biometric data as one of fourteen enumerated items alongside a Social Security number, a driver's license number, and financial account numbers, but no North Carolina statute anywhere defines what biometric data means for this purpose; the term is used but never defined.

Personal information excludes information a person voluntarily consented to have publicly disseminated and information made lawfully available to the general public from government records, but because biometric data is an undefined cross-referenced term, whether this carve-out would reach an identifier derived from a public recording cannot be evaluated.

A business must also notify the Consumer Protection Division of the Attorney General's Office on every breach requiring notice to any affected person, and separately, on any breach affecting more than 1,000 persons at one time, must notify nationwide consumer reporting agencies.

A violation of the notice duty is a violation of North Carolina's general Unfair and Deceptive Trade Practices Act, G.S. Sec. 75-1.1, but an individual may not sue for that violation unless injured by it; once that injury threshold is met, G.S. Sec. 75-16 arms the injured person with a civil action for treble damages. Most recently amended by Session Law 2025-25.

What it asks of an app

Social media and minors

HB 301, social media and minors safety act

cite H.B. 301, 2025-2026 Session (General Assembly, as passed by both chambers in differing forms) stage PROPOSED draft date not recorded source official bill status and text

As passed by the House 106-6 in May 2025, the bill would bar children under 14 from holding social media accounts and require parental consent for 14 and 15 year olds, with age verification duties on platforms. The Senate passed a revised committee substitute 48-0 on June 10, 2026, the House voted not to concur on June 23, 2026, and a conference committee was appointed the next day to reconcile the versions.

Note and primary source

This summary covers the instruments LexLint has researched to a stage. Instruments named in the corpus but not yet researched are counted above and are not listed here. Every entry carries its own primary source on its note page. This is a research index, not legal advice.