ACCESS Act of 2023

The ACCESS Act of 2023 requires large online platforms (with over 100 million U.S. monthly active users that profit from user data) to enable users to easily transfer their data to competing services and to allow those services to interoperate with them. It mandates that these platforms provide transparent technical tools for data portability and interoperability on fair, reasonable, and non-discriminatory terms, while prohibiting platforms from using data from competing services for commercial gain. The bill also establishes rules for third-party agents (delegated by users to manage accounts) requiring registration, security safeguards, and restrictions on data use. The Federal Trade Commission will enforce these requirements, with penalties including fines based on each affected user.