What can I do about this clause?

{'method': 'IN_APP', 'recipient': 'https://you.23andme.com/', 'difficulty': 'EASY', 'action_type': 'CLOSE_ACCOUNT', 'instructions': 'If you do not agree to revised Terms, you must stop using the service and can delete your account from your Account Settings before the effective date of the revised Terms.', 'deadline_days': None, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'FTC Act Section 5 applies to deceptive continued-use consent mechanisms for material changes to data practices, particularly in the context of sensitive genetic information.', 'complaint_url': 'https://reportfraud.ftc.gov/'}, {'agency': 'State_AG', 'reason': 'California AG has enforcement authority over CCPA/CPRA consent requirements for material changes to processing of sensitive personal information including genetic data.', 'complaint_url': 'https://www.naag.org/find-my-ag/'}

What is the severity of this clause?

ConductAtlas classifies this Terms Modification and Continued-Use Acceptance clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Terms Modification and Continued-Use Acceptance — 23andMe

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What it is

23andMe can change its terms at any time, and simply continuing to use the service after being notified counts as your agreement to the new terms.

Consumer impact (what this means for users)

Because 23andMe can modify its Terms at any time and treats continued use as acceptance, users who remain on the platform after a material change — including changes that could expand data sharing or alter dispute resolution rights — are deemed to have agreed to those changes even if they did not read the notification.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.

Close Your Account

If you do not agree to revised Terms, you must stop using the service and can delete your account from your Account Settings before the effective date of the revised Terms.

Cross-platform context

See how other platforms handle Terms Modification and Continued-Use Acceptance and similar clauses.

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Why it matters (compliance & risk perspective)

Continued-use acceptance clauses mean users can be bound by significantly changed terms — including changes to data sharing, arbitration, or privacy practices — without actively consenting, which is particularly significant for a service holding users' irreversible genetic data.

View original clause language

23andMe may make changes to the Terms at any time. If we make a material change to the Terms, we will notify you, such as by posting a notice on our website or sending a message to the email address associated with your account. By continuing to access or use the Services, you agree to be bound by the revised Terms.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: This provision implicates CCPA/CPRA (Cal. Civ. Code §1798.100) which requires affirmative consent for material changes to the processing of sensitive personal information including genetic data; FTC Act Section 5 applies to deceptive change-notification practices; GDPR Art. 7 (where applicable to EU-adjacent users) requires freely given, specific, informed, and unambiguous consent that cannot be obtained through continued-use mechanisms for sensitive data. California AG and FTC are primary enforcement authorities.

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Applicable agencies

FTC

FTC Act Section 5 applies to deceptive continued-use consent mechanisms for material changes to data practices, particularly in the context of sensitive genetic information.
File a complaint →
State AG

California AG has enforcement authority over CCPA/CPRA consent requirements for material changes to processing of sensitive personal information including genetic data.
File a complaint →

Provision details

Document information

Document

23andMe Terms of Service

Entity

23andMe

Document last updated

April 29, 2026

Tracking information

First tracked

April 27, 2026

Last verified

April 27, 2026

Record ID

CA-P-003458

Document ID

CA-D-00147

Evidence Provenance

Source URL

https://www.23andme.com/legal/tos/

Wayback Machine

View archived versions →

SHA-256

16a44b36aa17e55ddf47ae29310c84ef467de0a10b43cf99d04895259b10a9f1

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: 23andMe | Document: 23andMe Terms of Service | Record: CA-P-003458
Captured: 2026-04-27 13:25:11 UTC | SHA-256: 16a44b36aa17e55d…
URL: https://conductatlas.com/platform/23andme/23andme-terms-of-service/terms-modification-and-continued-use-acceptance/
Accessed: May 2, 2026

Classification

Severity

High

Terms Modification and Continued-Use Acceptance