SB2822*LRB10416965SPS37297a* EngrossedSen. LRB104 16965 SPS 30379 b AN ACT concerning business.

BeSteve itStadelman enactedFiled: by the People of the State of Illinois, represented in the General Assembly:

Section5/4/2026 1.10400SB2822sam003 LRB104 16965 SPS 37297 a AMENDMENT TO SENATE BILL 2822 AMENDMENT NO.

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ThisAmend ActSenate mayBill be2822, citedAS asAMENDED, thewith Digitalreference Purchaseto Transparencypage Act.and line numbers of Senate Amendment No.

Section2, 5.on page 5, by replacing lines 20 through 22 with "remedies, penalties, and authority granted by that Act shall be available for the enforcement of this Act.".

Definitions.

As used in this Act:

"Blockchain-based asset" means a digital good whose ownership and access are verified through a decentralized ledger technology and that cannot be unilaterally revoked or altered by the seller after the transaction.

"Clear and conspicuous" means in a manner that clearly calls attention to the language.

"Clear and conspicuous" includes using larger type than the surrounding text, using contrasting type, font, or color to the surrounding text of the same size, and setting off the surrounding text by using symbols or other marks.

"Digital application or game" means an application or game that a person accesses and manipulates using a specialized electronic gaming device, computer, mobile device, tablet, or other device with a display screen, including any add-ons or additional content for that application or game.

"Digital audio work" means a work that results from the fixation of a series of musical, spoken, or other sounds that SB2822 Engrossed - 2 - LRB104 16965 SPS 30379 b are transferred electronically, including prerecorded or live songs, music, oral readings of books or other written materials, speeches, ringtones, and other sound recordings.

"Digital audiovisual work" means a series of related images and accompanying sounds that, when shown in succession, impart an impression of motion, including motion pictures, musicals, videos, news and entertainment programs, and live events.

"Digital book" means a work that is generally recognized, in the ordinary and usual sense, as a book of fiction or nonfiction and that is transferred electronically.

"Digital code" means a code that provides the person who holds the code a right to obtain an additional digital good or a digital audiovisual work, digital audio work, or digital book that may be obtained by any means, including tangible forms and electronic mail, regardless of whether the code is designated as song code, video code, or book code.

"Digital code" includes:

(i) codes that are used to access or obtain any specified digital goods or any additional digital goods that have been previously purchased;

and (ii) promotion cards or codes that are purchased by a retailer or other business entity for use by the retailer's or entity's customers.

"Digital good" includes, whether electronically or digitally delivered or accessed, a digital audiovisual work, digital audio work, digital book, digital code, or digital application or game.

"Digital good" does not include a cable SB2822 Engrossed - 3 - LRB104 16965 SPS 30379 b television service;

satellite relay television service;

Internet access service;

telecommunications service;

or any other distribution of television, video, radio, Internet, or telecommunications service.

"Digital good" also does not include any service that is clearly and conspicuously identified at the point of sale as being a monthly subscription service.

Section 10.

Required disclosures.

(a) It is unlawful for a seller of a digital good to offer for sale or advertise a digital good to a consumer using the terms "buy" or "purchase" or any other term that a reasonable person would understand to confer an ownership interest in that digital good unless either:

(1) at the time of each transaction, the seller:

(A) provides to the consumer a complete list of restrictions and conditions for the license, including any circumstances under which access may be revoked;

and (B) receives an affirmative acknowledgment from the consumer that the consumer received from the seller:

(i) a license to access the digital good;

and (ii) a notice that the seller may unilaterally revoke access to the digital good if the seller no longer holds the right to the digital good;

or SB2822 Engrossed - 4 - LRB104 16965 SPS 30379 b (2) before executing each transaction, the seller provides to the consumer a clear and conspicuous statement that:

(i) states in plain language that buying or purchasing a digital good is a license;

and (ii) includes a hyperlink, quick response code, URL, or other similar method to access the terms and conditions of the license.

Any affirmative acknowledgment from the consumer or clear and conspicuous statement required under this subsection shall be distinct and separate from any other terms and conditions of the transaction.

(b) This Section does not require a person to download a digital good or prohibit a person from storing a digital good on a server for access through the Internet.

Section 15.