SB166,14,14 b. Require the consumer to make an affirmative and unambiguous choice to opt out of any processing of the consumer’s personal data.

SB166,14,15 c. Be easy to use by the average consumer.

SB166,14,18 d. Enable the controller to accurately determine whether the consumer is a resident of this state and whether the consumer has made a legitimate request to opt out of any targeted advertising or sale of the consumer’s personal data.

SB166,14,22 (4) Responsibility according to role; controller and processor. (a) A processor shall adhere to the instructions of a controller and shall assist the controller in meeting its obligations under this section. Such assistance shall include the following:

SB166,15,3 1. Taking into account the nature of processing and the information available to the processor, by appropriate technical and organizational measures, insofar as this is reasonably practicable, to fulfill the controller’s obligation to respond to consumer rights requests under sub. (2).

SB166,15,7 2. Taking into account the nature of processing and the information available to the processor, by assisting the controller in meeting the controller’s obligations in relation to the security of processing the personal data and in relation to giving notice of unauthorized acquisition of personal information under s. 134.98.

SB166,15,9 3. Providing necessary information to enable the controller to conduct and document data protection assessments under sub. (5).

SB166,15,16 (b) A contract between a controller and a processor shall govern the processor’s data processing procedures with respect to processing performed on behalf of the controller. The contract shall be binding and clearly set forth instructions for processing data, the nature and purpose of processing, the type of data subject to processing, the duration of processing, and the rights and obligations of both parties. The contract shall also include requirements that the processor shall do all of the following:

SB166,15,18 1. Ensure that each person processing personal data is subject to a duty of confidentiality with respect to the data.

SB166,15,21 2. At the controller’s direction, delete or return all personal data to the controller as requested at the end of the provision of services, unless retention of the personal data is required by law.

SB166,16,2 3. Upon the reasonable request of the controller, make available to the controller all information in its possession necessary to demonstrate the processor’s compliance with the obligations in this section.

SB166,16,3 4. At least one of the following:

SB166,16,5 a. Allow, and cooperate with, reasonable assessments by the controller or the controller’s designated assessor.

SB166,16,10 b. Arrange for a qualified and independent assessor to conduct an assessment of the processor’s policies and technical and organizational measures in support of the obligations under this section using an appropriate and accepted control standard or framework and assessment procedure for such assessments. The processor shall provide a report of such assessment to the controller upon request.

SB166,16,13 5. Engage any subcontractor pursuant to a written contract in accordance with par. (c) that requires the subcontractor to meet the obligations of the processor with respect to the personal data.

SB166,16,16 (c) Nothing in this section shall be construed to relieve a controller or a processor from the liabilities imposed on it by virtue of its role in the processing relationship as defined by this section.

SB166,16,21 (d) Determining whether a person is acting as a controller or processor with respect to a specific processing of data is a fact-based determination that depends upon the context in which personal data is to be processed. A processor that continues to adhere to a controller’s instructions with respect to a specific processing of personal data remains a processor.

SB166,17,2 (5) Data protection assessments. (a) A controller shall regularly conduct and document a data protection assessment of each of the following processing activities involving personal data:

SB166,17,3 1. The processing of personal data for purposes of targeted advertising.

SB166,17,4 2. The sale of personal data.

SB166,17,6 3. The processing of personal data for purposes of profiling, where such profiling presents a reasonably foreseeable risk of any of the following:

SB166,17,8 a. Unfair or deceptive treatment of, or unlawful disparate impact on, consumers.

SB166,17,9 b. Financial, physical, or reputational injury to consumers.

SB166,17,12 c. Physical or other intrusion upon the solitude or seclusion, or the private affairs or concerns, of consumers, where such intrusion would be offensive to a reasonable person.

SB166,17,13 d. Other substantial injury to consumers.

SB166,17,14 4. The processing of sensitive data.

SB166,17,16 5. Any processing activities involving personal data that present a heightened risk of harm to consumers.

SB166,17,18 6. The processing of personal data related to any good, service, or product feature likely to be accessed by a child.

SB166,18,4 (b) Data protection assessments conducted under par. (a) shall identify and weigh the benefits that may flow, directly and indirectly, from the processing to the controller, the consumer, other stakeholders, and the public against the potential risks to the rights of the consumer associated with such processing, as mitigated by safeguards that can be employed by the controller to reduce such risks. The use of deidentified data and the reasonable expectations of consumers, as well as the context of the processing and the relationship between the controller and the consumer whose personal data will be processed, shall be factored into this assessment by the controller.