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SB166,7,23221. Advertisements based on activities within a controllers own websites or
23online applications.
SB166,8,2
12. Advertisements based on the context of a consumers current search query,
2visit to a website, or online application.
SB166,8,433. Advertisements directed to a consumer in response to the consumers
4request for information or feedback.
SB166,8,654. Processing personal data processed solely for measuring or reporting
6advertising performance, reach, or frequency.
SB166,8,117(y) Third party means a person or association, authority, board,
8department, commission, independent agency, institution, office, society, or other
9body in state or local government created or authorized to be created by the
10constitution or any law, other than a consumer, controller, processor, or an affiliate
11of the processor or the controller.
SB166,8,1212(z) Trade secret has the meaning given in s. 134.90.
SB166,8,1913(2) Personal data rights; consumers. (a) A consumer or a consumers
14authorized agent may invoke the consumer rights authorized under this subsection
15at any time by submitting a request to a controller specifying the consumer rights
16the consumer wishes to invoke. A known childs parent or legal guardian may
17invoke such consumer rights on behalf of the child regarding processing personal
18data belonging to the known child. A controller shall comply with an authenticated
19consumer request to exercise any of the following rights:
SB166,8,22201. To confirm whether or not a controller is processing the consumers
21personal data and to access such personal data, unless such confirmation or access
22would require the controller to reveal a trade secret.
SB166,9,2232. To correct inaccuracies in the consumers personal data, taking into

1account the nature of the personal data and the purposes of the processing of the
2consumers personal data.
SB166,9,333. To delete personal data provided by or obtained about the consumer.
SB166,9,944. To obtain a copy of the consumers personal data that the consumer
5previously provided to the controller in a portable and, to the extent technically
6feasible, readily usable format that allows the consumer to transmit the data to
7another controller without hindrance, where the processing is carried out by
8automated means, provided such controller shall not be required to reveal any trade
9secret.
SB166,9,16105. To opt out of the processing of the personal data for purposes of targeted
11advertising, the sale of personal data, or profiling in furtherance of decisions that
12produce legal or similarly significant effects concerning the consumer. A consumer
13may exercise the consumers rights through user-enabled global privacy controls,
14such as a browser plugin or privacy setting, device setting, or other mechanism, that
15communicate or signal the consumers choice to opt out of processing for the
16purpose of targeted advertising or sale of the consumers personal data.
SB166,9,1917(b) 1. Except as otherwise provided in this section, a controller shall comply
18with a request by a consumer to exercise the consumer rights authorized under par.
19(a).
SB166,9,23202. A controller shall respond to a consumer without undue delay, but in all
21cases within 45 days of receipt of a request submitted under par. (a). The response
22period may be extended once by 45 additional days when reasonably necessary,
23taking into account the complexity and number of the consumers requests, so long

1as the controller informs the consumer of any such extension within the initial 45-
2day response period, together with the reason for the extension.
SB166,10,633. If a controller declines to take action regarding a consumers request, the
4controller shall inform the consumer without undue delay, but in all cases and at
5the latest within 45 days of receipt of the request, of the justification for declining to
6take action and instructions for how to appeal the decision under par. (c).
SB166,10,1374. Information provided in response to a consumer request shall be provided
8by a controller free of charge, once annually per consumer. If requests from a
9consumer are manifestly unfounded, technically infeasible, excessive, or repetitive,
10the controller may charge the consumer a reasonable fee to cover the administrative
11costs of complying with the request or decline to act on the request. The controller
12bears the burden of demonstrating the manifestly unfounded, technically infeasible,
13excessive, or repetitive nature of the request.
SB166,10,18145. If a controller is unable to authenticate the request using commercially
15reasonable efforts, the controller may not be required to comply with a request to
16initiate an action under par. (a) and may request that the consumer provide
17additional information reasonably necessary to authenticate the consumer and the
18consumers request.
SB166,10,21196. A controller that has obtained personal data about a consumer from a
20source other than the consumer shall be deemed in compliance with a consumers
21request to delete the personal data under par. (a) 3. by doing any of the following:
SB166,11,222a. Deleting the personal data, retaining a record of the request and the

1minimum data necessary to ensure the consumers personal data remains deleted
2from the controllers records, and not using the retained data for any other purpose.
SB166,11,43b. Not processing the consumers personal data except as otherwise
4authorized under this section.
SB166,11,145(c) A controller shall establish a process for a consumer to appeal the
6controllers refusal to take action on a request within a reasonable period of time
7after the consumers receipt of the decision pursuant to par. (b) 3. The appeal
8process shall be conspicuously available and similar to the process for submitting
9requests to initiate action under par. (a). Within 60 days of receipt of an appeal, a
10controller shall inform the consumer in writing of any action taken or not taken in
11response to the appeal, including a written explanation of the reasons for the
12decisions. If the appeal is denied, the controller shall also provide the consumer
13with an online mechanism, if available, or other method through which the
14consumer may contact the department to submit a complaint.
SB166,11,1815(3) Data controller responsibilities; transparency. (a) 1. A controller
16shall limit the collection of personal data to what is adequate, relevant, and
17reasonably necessary in relation to the purposes for which such data is processed,
18as disclosed to the consumer.
SB166,11,22192. Except as otherwise provided in this section, a controller may not process
20personal data for purposes that are not reasonably necessary to and not compatible
21with the disclosed purposes for which such personal data is processed, as disclosed
22to the consumer, unless the controller obtains the consumers consent.
SB166,12,4233. A controller shall establish, implement, and maintain reasonable

1administrative, technical, and physical data security practices to protect the
2confidentiality, integrity, and accessibility of personal data. Such data security
3practices shall be appropriate to the volume and nature of the personal data at
4issue.
SB166,12,1654. A controller may not process personal data in violation of state and federal
6laws that prohibit unlawful discrimination against consumers. A controller may
7not discriminate against a consumer for exercising any of the consumer rights
8contained in this section, including denying goods or services, charging different
9prices or rates for goods or services, or providing a different level of quality of goods
10and services to the consumer. Nothing in this subdivision shall be construed to
11require a controller to provide a product or service that requires the personal data
12of a consumer that the controller does not collect or maintain, or to prohibit a
13controller from offering a different price, rate, level, quality, or selection of goods or
14services to a consumer, including offering goods or services for no fee, if the offer is
15related to a consumers voluntary participation in a bona fide loyalty, rewards,
16premium features, discounts, or club card program.
SB166,12,20175. A controller may not process sensitive data concerning a consumer without
18obtaining the consumers consent, or, in the case of the processing of sensitive data
19concerning a known child, without processing such data in accordance with the
20federal Childrens Online Privacy Protection Act, 15 USC 6501 et seq.
SB166,12,2221(b) Any provision of a contract or agreement that purports to waive or limit
22consumer rights under sub. (2) is void and unenforceable.
SB166,13,2
1(c) A controller shall provide consumers with a reasonably accessible, clear,
2and meaningful privacy notice that includes all of the following:
SB166,13,331. The categories of personal data processed by the controller.
SB166,13,442. The purpose of processing personal data.
SB166,13,753. How consumers may exercise their consumer rights under sub. (2),
6including how a consumer may appeal a controllers decision with regard to the
7consumers request.
SB166,13,984. The categories of 3rd parties, if any, with whom the controller shares
9personal data.
SB166,13,11105. The categories of personal data that the controller shares with 3rd parties,
11if any.
SB166,13,1512(d) If a controller sells personal data to 3rd parties or processes personal data
13for targeted advertising, the controller shall clearly and conspicuously disclose such
14processing, as well as the manner in which a consumer may exercise the right to opt
15out of such processing.
SB166,14,216(e) A controller shall establish, and shall describe in a privacy notice, one or
17more secure and reliable means for consumers to submit a request to exercise their
18consumer rights under this section. Such means shall take into account the ways in
19which consumers normally interact with the controller, the need for secure and
20reliable communication of such requests, and the ability of the controller to
21authenticate the identity of the consumer making the request. Controllers may not
22require a consumer to create a new account in order to exercise consumer rights
23under sub. (2) but may require a consumer to use an existing account. A controller

1that recognizes signals approved by other states shall be considered in compliance
2with this paragraph. Such means shall include all of the following:
SB166,14,531. A clear and conspicuous link on the controllers website to a webpage that
4enables a consumer or an agent of a consumer to opt out of the targeted advertising
5or sale of the consumers personal data.
SB166,14,1162. On or after July 1, 2028, an opt-out preference signal sent, with a
7consumers consent, by a platform, technology, or mechanism to the controller
8indicating the consumers intent to opt out of any processing of the consumers
9personal data for the purpose of targeted advertising or sale of the consumers
10personal data. Such platform, technology, or mechanism shall do all of the
11following:
SB166,14,1212a. Not unfairly advantage one controller over another.
SB166,14,1413b. Require the consumer to make an affirmative and unambiguous choice to
14opt out of any processing of the consumers personal data.
SB166,14,1515c. Be easy to use by the average consumer.
SB166,14,1816d. Enable the controller to accurately determine whether the consumer is a
17resident of this state and whether the consumer has made a legitimate request to
18opt out of any targeted advertising or sale of the consumers personal data.
SB166,14,2219(4) Responsibility according to role; controller and processor. (a) A
20processor shall adhere to the instructions of a controller and shall assist the
21controller in meeting its obligations under this section. Such assistance shall
22include the following:
SB166,15,3231. Taking into account the nature of processing and the information available

1to the processor, by appropriate technical and organizational measures, insofar as
2this is reasonably practicable, to fulfill the controllers obligation to respond to
3consumer rights requests under sub. (2).
SB166,15,742. Taking into account the nature of processing and the information available
5to the processor, by assisting the controller in meeting the controllers obligations in
6relation to the security of processing the personal data and in relation to giving
7notice of unauthorized acquisition of personal information under s. 134.98.
SB166,15,983. Providing necessary information to enable the controller to conduct and
9document data protection assessments under sub. (5).
SB166,15,1610(b) A contract between a controller and a processor shall govern the
11processors data processing procedures with respect to processing performed on
12behalf of the controller. The contract shall be binding and clearly set forth
13instructions for processing data, the nature and purpose of processing, the type of
14data subject to processing, the duration of processing, and the rights and obligations
15of both parties. The contract shall also include requirements that the processor
16shall do all of the following:
SB166,15,18171. Ensure that each person processing personal data is subject to a duty of
18confidentiality with respect to the data.
SB166,15,21192. At the controllers direction, delete or return all personal data to the
20controller as requested at the end of the provision of services, unless retention of
21the personal data is required by law.
SB166,16,2223. Upon the reasonable request of the controller, make available to the

1controller all information in its possession necessary to demonstrate the processors
2compliance with the obligations in this section.
SB166,16,334. At least one of the following:
SB166,16,54a. Allow, and cooperate with, reasonable assessments by the controller or the
5controllers designated assessor.
SB166,16,106b. Arrange for a qualified and independent assessor to conduct an assessment
7of the processors policies and technical and organizational measures in support of
8the obligations under this section using an appropriate and accepted control
9standard or framework and assessment procedure for such assessments. The
10processor shall provide a report of such assessment to the controller upon request.
SB166,16,13115. Engage any subcontractor pursuant to a written contract in accordance
12with par. (c) that requires the subcontractor to meet the obligations of the processor
13with respect to the personal data.
SB166,16,1614(c) Nothing in this section shall be construed to relieve a controller or a
15processor from the liabilities imposed on it by virtue of its role in the processing
16relationship as defined by this section.
SB166,16,2117(d) Determining whether a person is acting as a controller or processor with
18respect to a specific processing of data is a fact-based determination that depends
19upon the context in which personal data is to be processed. A processor that
20continues to adhere to a controllers instructions with respect to a specific
21processing of personal data remains a processor.
SB166,17,222(5) Data protection assessments. (a) A controller shall regularly conduct

1and document a data protection assessment of each of the following processing
2activities involving personal data:
SB166,17,331. The processing of personal data for purposes of targeted advertising.
SB166,17,442. The sale of personal data.
SB166,17,653. The processing of personal data for purposes of profiling, where such
6profiling presents a reasonably foreseeable risk of any of the following:
SB166,17,87a. Unfair or deceptive treatment of, or unlawful disparate impact on,
8consumers.
SB166,17,99b. Financial, physical, or reputational injury to consumers.
SB166,17,1210c. Physical or other intrusion upon the solitude or seclusion, or the private
11affairs or concerns, of consumers, where such intrusion would be offensive to a
12reasonable person.
SB166,17,1313d. Other substantial injury to consumers.
SB166,17,14144. The processing of sensitive data.
SB166,17,16155. Any processing activities involving personal data that present a heightened
16risk of harm to consumers.
SB166,17,18176. The processing of personal data related to any good, service, or product
18feature likely to be accessed by a child.
SB166,18,419(b) Data protection assessments conducted under par. (a) shall identify and
20weigh the benefits that may flow, directly and indirectly, from the processing to the
21controller, the consumer, other stakeholders, and the public against the potential
22risks to the rights of the consumer associated with such processing, as mitigated by
23safeguards that can be employed by the controller to reduce such risks. The use of

1deidentified data and the reasonable expectations of consumers, as well as the
2context of the processing and the relationship between the controller and the
3consumer whose personal data will be processed, shall be factored into this
4assessment by the controller.
SB166,18,145(c) The department may request, pursuant to sub. (10), that a controller
6disclose any data protection assessment that is relevant to an investigation
7conducted by the department, and the controller shall make the data protection
8assessment available to the department. The department may evaluate the data
9protection assessment for compliance with the responsibilities set forth in sub. (3).
10Data protection assessments shall be confidential and not subject to the right of
11inspection and copying under s. 19.35 (1). The disclosure of a data protection
12assessment pursuant to a request from the department shall not constitute a
13waiver of attorney-client privilege or work product protection with respect to the
14assessment and any information contained in the assessment.
SB166,18,1615(d) A single data protection assessment may address a comparable set of
16processing operations that include similar activities.
SB166,18,1917(e) Data protection assessments conducted by a controller for the purpose of
18compliance with other laws or regulations may comply under this section if the
19assessments have a reasonably comparable scope and effect.
SB166,18,2120(f) Data protection assessment requirements shall apply to processing
21activities created or generated after January 1, 2026, and are not retroactive.
SB166,18,2322(6) Processing deidentified data; exemptions. (a) A controller in
23possession of deidentified data shall do all of the following:
SB166,19,2
11. Take reasonable measures to ensure that the data cannot be associated
2with an individual.
SB166,19,432. Publicly commit to maintaining and using deidentified data without
4attempting to reidentify the data.
SB166,19,653. Contractually obligate any recipients of the deidentified data to comply
6with all provisions of this section.
SB166,19,87(b) Nothing in this section shall be construed to require a controller or
8processor to do any of the following:
SB166,19,991. Reidentify deidentified data or pseudonymous data.
SB166,19,10102. Maintain data in identifiable form.
SB166,19,12113. Collect, obtain, retain, or access any data or technology, in order to be
12capable of associating an authenticated consumer request with personal data.
SB166,19,1513(c) Nothing in this section shall be construed to require a controller or
14processor to comply with an authenticated consumer rights request under sub. (2) if
15all of the following are true:
SB166,19,18161. The controller is not reasonably capable of associating the request with the
17personal data or it would be unreasonably burdensome for the controller to
18associate the request with the personal data.
SB166,19,21192. The controller does not use the personal data to recognize or respond to the
20specific consumer who is the subject of the personal data, or associate the personal
21data with other personal data about the same specific consumer.
SB166,20,2223. The controller does not sell the personal data to any 3rd party or otherwise

1voluntarily disclose the personal data to any 3rd party other than a processor,
2except as otherwise permitted in this subsection.
SB166,20,73(d) The consumer rights contained in subs. (2) (a) 1. to 4. and (3) shall not
4apply to pseudonymous data in cases where the controller is able to demonstrate
5any information necessary to identify the consumer is kept separately and is subject
6to effective technical and organizational controls that prevent the controller from
7accessing such information.
SB166,20,128(e) A controller that discloses pseudonymous data or deidentified data shall
9exercise reasonable oversight to monitor compliance with any contractual
10commitments to which the pseudonymous data or deidentified data is subject and
11shall take appropriate steps to address any breaches of those contractual
12commitments.
SB166,20,1413(7) Limitations. (a) Nothing in this section shall be construed to restrict a
14controllers or processors ability to do any of the following:
SB166,20,15151. Comply with federal, state, or local laws, rules, or regulations.
SB166,20,17162. Comply with a civil, criminal, or regulatory inquiry, investigation,
17subpoena, or summons by federal, state, local, or other governmental authorities.
SB166,20,20183. Cooperate with law enforcement agencies concerning conduct or activity
19that the controller or processor reasonably and in good faith believes may violate
20federal, state, or local laws, rules, or regulations.
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