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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.
SB166,20,21214. Investigate, establish, exercise, prepare for, or defend legal claims.
SB166,21,2225. Provide a product or service specifically requested by a consumer or the
23parent or guardian of a child, perform a contract to which the consumer is a party,

1including fulfilling the terms of a written warranty, or take steps at the request of
2the consumer prior to entering into a contract.
SB166,21,536. Take immediate steps to protect an interest that is essential for the life or
4physical safety of the consumer or of another individual, and where the processing
5cannot be manifestly based on another legal basis.
SB166,21,967. Prevent, detect, protect against, or respond to security incidents, identity
7theft, fraud, harassment, malicious or deceptive activities, or any illegal activity;
8preserve the integrity or security of systems; or investigate, report, or prosecute
9those responsible for any such action.
SB166,21,13108. Engage in public or peer-reviewed scientific or statistical research in the
11public interest that adheres to all other applicable ethics and privacy laws and is
12approved, monitored, and governed by an institutional review board, or similar
13independent oversight entities that determine all of the following:
SB166,21,1514a. If the deletion of the information is likely to provide substantial benefits
15that do not exclusively accrue to the controller.
SB166,21,1616b. The expected benefits of the research outweigh the privacy risks.
SB166,21,1817c. If the controller has implemented reasonable safeguards to mitigate privacy
18risks associated with research, including any risks associated with reidentification.
SB166,21,20199. Assist another controller, processor, or 3rd party with any of the obligations
20under this section.
SB166,21,2321(b) The obligations imposed on controllers or processors under this section
22shall not restrict a controllers or processors ability to collect, use, or retain data to
23do any of the following:
SB166,22,2
11. Conduct internal research to develop, improve, or repair products, services,
2or technology.
SB166,22,332. Effectuate a product recall.
SB166,22,543. Identify and repair technical errors that impair existing or intended
5functionality.
SB166,22,1164. Perform internal operations that are reasonably aligned with the
7expectations of the consumer or reasonably anticipated on the basis of the
8consumers existing relationship with the controller or are otherwise compatible
9with processing data in furtherance of the provision of a product or service
10specifically requested by a consumer or the performance of a contract to which the
11consumer is a party.
SB166,22,1712(c) The obligations imposed on controllers or processors under this section
13shall not apply where compliance by the controller or processor with this section
14would violate an evidentiary privilege under ch. 905. Nothing in this section shall
15be construed to prevent a controller or processor from providing personal data
16concerning a consumer to a person covered by an evidentiary privilege under ch.
17905 as part of a privileged communication.
SB166,23,418(d) A controller or processor that discloses personal data to a 3rd-party
19controller or processor, in compliance with the requirements of this section, is not in
20violation of this section if the 3rd-party controller or processor that receives and
21processes such personal data is in violation of this section, provided that, at the
22time of disclosing the personal data, the disclosing controller or processor did not
23have actual knowledge that the recipient intended to commit a violation. A 3rd-

1party controller or processor receiving personal data from a controller or processor
2in compliance with the requirements of this section is likewise not in violation of
3this section for the transgressions of the controller or processor from which it
4receives such personal data.
SB166,23,95(e) Nothing in this section shall be construed as an obligation imposed on
6controllers and processors that adversely affects the rights or freedoms of any
7persons, such as exercising the right of free speech pursuant to the First
8Amendment to the U.S. Constitution, or applies to the processing of personal data
9by a person in the course of a purely personal or household activity.
SB166,23,1410(f) Personal data processed by a controller pursuant to this subsection may
11not be processed for any purpose other than those expressly listed in this subsection
12unless otherwise allowed by this section. Personal data processed by a controller
13pursuant to this subsection may be processed to the extent that such processing is
14both of the following:
SB166,23,16151. Reasonably necessary and proportionate to the purposes listed in this
16subsection.
SB166,24,2172. Adequate, relevant, and limited to what is necessary in relation to the
18specific purposes listed in this subsection. Personal data collected, used, or
19retained pursuant to par. (b) shall, where applicable, take into account the nature
20and purpose or purposes of such collection, use, or retention. Such data shall be
21subject to reasonable administrative, technical, and physical measures to protect
22the confidentiality, integrity, and accessibility of the personal data and to reduce

1reasonably foreseeable risks of harm to consumers relating to such collection, use,
2or retention of personal data.
SB166,24,53(g) If a controller processes personal data pursuant to an exemption in this
4section, the controller bears the burden of demonstrating that such processing
5qualifies for the exemption and complies with the requirements in par. (f).
SB166,24,76(h) Processing personal data for the purposes expressly identified in par. (a)
7shall not solely make an entity a controller with respect to such processing.
SB166,24,108(8) Scope; exemptions. (a) This section applies to persons that conduct
9business in this state or produce products or services that are targeted to residents
10of this state and who satisfy either of the following:
SB166,24,12111. During a calendar year, the person controls or processes personal data of at
12least 100,000 consumers.
SB166,24,14132. The person controls or processes personal data of at least 25,000 consumers
14and derives over 50 percent of gross revenue from the sale of personal data.
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