The Augmenting Compatibility and Competition by Enabling Service Switching Act of 2025, or ACCESS Act, aims to foster competition and reduce consumer switching costs within online communications services. It targets "large communications platforms," defined as services with over 100 million monthly active U.S. users that generate income from user data, by imposing new duties on their providers. The bill mandates user data portability , requiring large platforms to provide transparent, third-party-accessible interfaces for secure transfer of user data to users or competing providers in a machine-readable format. It also requires interoperability , obligating platforms to facilitate technically compatible communications with users of competing services on fair, reasonable, and nondiscriminatory terms, including disclosing necessary interface documentation. Both large platforms and competing providers must secure any user data acquired through these mechanisms, and are prohibited from commercializing it except for security or service maintenance. Furthermore, the Act introduces delegatability , compelling large platforms to allow users to authorize custodial third-party agents to manage their online interactions and settings. These agents must register with the Federal Trade Commission (FTC) and adhere to strict duties regarding user data privacy, security, and acting solely in the user's best interest. The FTC is tasked with promulgating regulations, establishing authentication procedures, assessing compliance, and enforcing violations, which will be treated as unfair or deceptive acts, with fines considering each affected user as an individual violation, while explicitly stating the Act does not supersede existing federal privacy and security laws.
Read twice and referred to the Committee on Commerce, Science, and Transportation.
ACCESS Act of 2025
USA119th CongressS-1634| Senate
| Updated: 5/7/2025
The Augmenting Compatibility and Competition by Enabling Service Switching Act of 2025, or ACCESS Act, aims to foster competition and reduce consumer switching costs within online communications services. It targets "large communications platforms," defined as services with over 100 million monthly active U.S. users that generate income from user data, by imposing new duties on their providers. The bill mandates user data portability , requiring large platforms to provide transparent, third-party-accessible interfaces for secure transfer of user data to users or competing providers in a machine-readable format. It also requires interoperability , obligating platforms to facilitate technically compatible communications with users of competing services on fair, reasonable, and nondiscriminatory terms, including disclosing necessary interface documentation. Both large platforms and competing providers must secure any user data acquired through these mechanisms, and are prohibited from commercializing it except for security or service maintenance. Furthermore, the Act introduces delegatability , compelling large platforms to allow users to authorize custodial third-party agents to manage their online interactions and settings. These agents must register with the Federal Trade Commission (FTC) and adhere to strict duties regarding user data privacy, security, and acting solely in the user's best interest. The FTC is tasked with promulgating regulations, establishing authentication procedures, assessing compliance, and enforcing violations, which will be treated as unfair or deceptive acts, with fines considering each affected user as an individual violation, while explicitly stating the Act does not supersede existing federal privacy and security laws.