WHAT THIS BILL REGULATES · 4 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)(a)–(x) "Algorithmic recommendation systemAlgorithmic recommendation system"Algorithmic recommendation system" means a system that uses an algorithm to select, filter, and arrange media on a covered business's website or mobile application for the purpose of selecting, recommending, or prioritizing media for a user.Wis. Stat. § 100.80(1)(a)" means a system that uses an algorithm to select, filter, and arrange media on a covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g)'s website or mobile application for the purpose of selecting, recommending, or prioritizing media for a user. (b) 1. Except as provided in subd. 2., "biometric dataBiometric data1. Except as provided in subd. 2., "biometric data" means data generated from the technological processing of an individual's unique biological, physical, or physiological characteristics that allow or confirm the unique identification of the individual, including iris or retina scans; fingerprints; facial or hand mapping, geometry, or templates; vein patterns; voice prints or vocal biomarkers; and gait or personally identifying physical movement or patterns. 2. "Biometric data" does not include a digital or physical photograph; an audio or video recording; or any data generated from a digital or physical photograph or an audio or video recording unless the data is generated to identify a specific individual.Wis. Stat. § 100.80(1)(b)" means data generated from the technological processing of an individual's unique biological, physical, or physiological characteristics that allow or confirm the unique identification of the individual, including iris or retina scans; fingerprints; facial or hand mapping, geometry, or templates; vein patterns; voice prints or vocal biomarkers; and gait or personally identifying physical movement or patterns. 2. "Biometric dataBiometric data1. Except as provided in subd. 2., "biometric data" means data generated from the technological processing of an individual's unique biological, physical, or physiological characteristics that allow or confirm the unique identification of the individual, including iris or retina scans; fingerprints; facial or hand mapping, geometry, or templates; vein patterns; voice prints or vocal biomarkers; and gait or personally identifying physical movement or patterns. 2. "Biometric data" does not include a digital or physical photograph; an audio or video recording; or any data generated from a digital or physical photograph or an audio or video recording unless the data is generated to identify a specific individual.Wis. Stat. § 100.80(1)(b)" does not include a digital or physical photograph; an audio or video recording; or any data generated from a digital or physical photograph or an audio or video recording unless the data is generated to identify a specific individual. (c) "Business entity" has the meaning given in s. 13.62 (5) and also includes any affiliate, as defined in s. 138.14 (1) (a), of the business entity. (d) "CollectCollect"Collect," with respect to data, means buying, renting, gathering, obtaining, receiving, or accessing any data by any means, including receiving data from the consumer, either actively or passively, or by observing the consumer's behavior.Wis. Stat. § 100.80(1)(d)," with respect to data, means buying, renting, gathering, obtaining, receiving, or accessing any data by any means, including receiving data from the consumerConsumer1. Except as provided in subd. 2., "consumer" means an individual who is a resident of this state. 2. "Consumer" does not include any of the following: a. An individual acting in a commercial or employment context. b. An individual acting as an employee, owner, director, officer, or contractor of a business entity, nonprofit organization, or government agency whose communications or transactions with a covered business occur solely within the context of that individual's role with the business entity, nonprofit organization, or government agency.Wis. Stat. § 100.80(1)(f), either actively or passively, or by observing the consumerConsumer1. Except as provided in subd. 2., "consumer" means an individual who is a resident of this state. 2. "Consumer" does not include any of the following: a. An individual acting in a commercial or employment context. b. An individual acting as an employee, owner, director, officer, or contractor of a business entity, nonprofit organization, or government agency whose communications or transactions with a covered business occur solely within the context of that individual's role with the business entity, nonprofit organization, or government agency.Wis. Stat. § 100.80(1)(f)'s behavior. (e) "Compulsive useCompulsive use"Compulsive use" means a covered minor's repetitive use of a covered business's online service, product, or feature that materially disrupts one or more major life activities of the covered minor, including sleeping, eating, learning, reading, concentrating, communicating, or working.Wis. Stat. § 100.80(1)(e)" means a covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h)'s repetitive use of a covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g)'s online service, product, or featureOnline service, product, or feature1. Except as provided in subd. 2., "online service, product, or feature" means a digital product that is accessible to the public by means of the Internet, including through a website or mobile application. 2. "Online service, product, or feature" does not include any of the following: a. Telecommunications service, as defined in 47 USC 153 (53). b. A broadband Internet access service, as defined in 47 CFR 54.400. c. A physical product.Wis. Stat. § 100.80(1)(q) that materially disrupts one or more major life activities of the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h), including sleeping, eating, learning, reading, concentrating, communicating, or working. (f) 1. Except as provided in subd. 2., "consumerConsumer1. Except as provided in subd. 2., "consumer" means an individual who is a resident of this state. 2. "Consumer" does not include any of the following: a. An individual acting in a commercial or employment context. b. An individual acting as an employee, owner, director, officer, or contractor of a business entity, nonprofit organization, or government agency whose communications or transactions with a covered business occur solely within the context of that individual's role with the business entity, nonprofit organization, or government agency.Wis. Stat. § 100.80(1)(f)" means an individual who is a resident of this state. 2. "ConsumerConsumer1. Except as provided in subd. 2., "consumer" means an individual who is a resident of this state. 2. "Consumer" does not include any of the following: a. An individual acting in a commercial or employment context. b. An individual acting as an employee, owner, director, officer, or contractor of a business entity, nonprofit organization, or government agency whose communications or transactions with a covered business occur solely within the context of that individual's role with the business entity, nonprofit organization, or government agency.Wis. Stat. § 100.80(1)(f)" does not include any of the following: a. An individual acting in a commercial or employment context. b. An individual acting as an employee, owner, director, officer, or contractor of a business entity, nonprofit organization, or government agency whose communications or transactions with a covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) occur solely within the context of that individual's role with the business entity, nonprofit organization, or government agency. (g) "Covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g)" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minorReasonably likely to be accessed by a minor"Reasonably likely to be accessed by a minor," as it relates to an online service, product, or feature, means reasonably likely to be accessed by a minor based on any of the following indicators: 1. The online service, product, or feature is directed to a child, as defined in 15 USC 6501 (1). 2. The online service, product, or feature is determined, based on competent and reliable evidence regarding audience composition, to be routinely accessed by an audience that is composed of at least 2 percent minors who are from 2 to 17 years of age. 3. The audience of the online service, product, or feature is determined, based on internal company research, to be composed of at least 2 percent minors who are from 2 to 17 years of age. 4. The covered business offering the online service, product, or feature knew or should have known that at least 2 percent of the audience of the online service, product, or feature includes minors who are from 2 to 17 years of age and, in making this assessment, the covered business does not collect or process personal data that is not reasonably necessary to provide an online service, product, or feature with which a minor is actively and knowingly engaged.Wis. Stat. § 100.80(1)(v). 4. The business entity collectsCollect"Collect," with respect to data, means buying, renting, gathering, obtaining, receiving, or accessing any data by any means, including receiving data from the consumer, either actively or passively, or by observing the consumer's behavior.Wis. Stat. § 100.80(1)(d) consumersConsumer1. Except as provided in subd. 2., "consumer" means an individual who is a resident of this state. 2. "Consumer" does not include any of the following: a. An individual acting in a commercial or employment context. b. An individual acting as an employee, owner, director, officer, or contractor of a business entity, nonprofit organization, or government agency whose communications or transactions with a covered business occur solely within the context of that individual's role with the business entity, nonprofit organization, or government agency.Wis. Stat. § 100.80(1)(f)' personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) or has consumersConsumer1. Except as provided in subd. 2., "consumer" means an individual who is a resident of this state. 2. "Consumer" does not include any of the following: a. An individual acting in a commercial or employment context. b. An individual acting as an employee, owner, director, officer, or contractor of a business entity, nonprofit organization, or government agency whose communications or transactions with a covered business occur solely within the context of that individual's role with the business entity, nonprofit organization, or government agency.Wis. Stat. § 100.80(1)(f)' personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) collected on its behalf by a processorProcessor"Processor" means a person who processes personal data on behalf of any of the following: 1. A covered business. 2. Another processor.Wis. Stat. § 100.80(1)(t). 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumersConsumer1. Except as provided in subd. 2., "consumer" means an individual who is a resident of this state. 2. "Consumer" does not include any of the following: a. An individual acting in a commercial or employment context. b. An individual acting as an employee, owner, director, officer, or contractor of a business entity, nonprofit organization, or government agency whose communications or transactions with a covered business occur solely within the context of that individual's role with the business entity, nonprofit organization, or government agency.Wis. Stat. § 100.80(1)(f)' personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r). (h) "Covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h)" is a consumerConsumer1. Except as provided in subd. 2., "consumer" means an individual who is a resident of this state. 2. "Consumer" does not include any of the following: a. An individual acting in a commercial or employment context. b. An individual acting as an employee, owner, director, officer, or contractor of a business entity, nonprofit organization, or government agency whose communications or transactions with a covered business occur solely within the context of that individual's role with the business entity, nonprofit organization, or government agency.Wis. Stat. § 100.80(1)(f) who a covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) actually knows is a minorMinor"Minor" means an individual who is less than 18 years of age.Wis. Stat. § 100.80(1)(p) or labels as a minorMinor"Minor" means an individual who is less than 18 years of age.Wis. Stat. § 100.80(1)(p) in accordance with rules promulgated under sub. (7) (b). (i) "DefaultDefault"Default" means a preselected option adopted by a covered business for an online service, product, or feature.Wis. Stat. § 100.80(1)(i)" means a preselected option adopted by a covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) for an online service, product, or featureOnline service, product, or feature1. Except as provided in subd. 2., "online service, product, or feature" means a digital product that is accessible to the public by means of the Internet, including through a website or mobile application. 2. "Online service, product, or feature" does not include any of the following: a. Telecommunications service, as defined in 47 USC 153 (53). b. A broadband Internet access service, as defined in 47 CFR 54.400. c. A physical product.Wis. Stat. § 100.80(1)(q). (j) "De-identified dataDe-identified data"De-identified data" means data that does not identify and cannot reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household to the extent a covered business that possesses the data does all of the following: 1. Takes reasonable measures, including the de-identification requirements set forth under 45 CFR 164.514, to ensure that the data cannot be used to reidentify the individual and cannot be associated with the individual or device. 2. Publicly commits to process the data only in a de-identified fashion and does not attempt to reidentify the individual or device. 3. Contractually obligates any recipient of the data to comply with all provisions of this section.Wis. Stat. § 100.80(1)(j)" means data that does not identify and cannot reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household to the extent a covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) that possesses the data does all of the following: 1. Takes reasonable measures, including the de-identification requirements set forth under 45 CFR 164.514, to ensure that the data cannot be used to reidentify the individual and cannot be associated with the individual or device. 2. Publicly commits to processProcess"Process" or "processing" means any operation performed, whether by manual or automated means, on personal data, such as the collection, use, storage, disclosure, analysis, deletion, modification, or other handling of personal data.Wis. Stat. § 100.80(1)(s) the data only in a de-identified fashion and does not attempt to reidentify the individual or device. 3. Contractually obligates any recipient of the data to comply with all provisions of this section. (k) "Derived dataDerived data"Derived data" means data that is created by the derivation of information, data, assumptions, correlations, inferences, predictions, or conclusions from facts, evidence, or another source of information or data about a minor or a minor's device.Wis. Stat. § 100.80(1)(k)" means data that is created by the derivation of information, data, assumptions, correlations, inferences, predictions, or conclusions from facts, evidence, or another source of information or data about a minorMinor"Minor" means an individual who is less than 18 years of age.Wis. Stat. § 100.80(1)(p) or a minorMinor"Minor" means an individual who is less than 18 years of age.Wis. Stat. § 100.80(1)(p)'s device. (L) "Genetic data" means any of the following: 1. Any data, regardless of its format, that results from the analysis of a biological sample of an individual, or from another source enabling equivalent information to be obtained, and concerns genetic material, including deoxyribonucleic acids, ribonucleic acids, genes, chromosomes, alleles, genomes, alterations or modifications to deoxyribonucleic acids or ribonucleic acids, single nucleotide polymorphisms, epigenetic markers, and uninterpreted data that results from analysis of a biological sample or other source. 2. Any information extrapolated, derived, or inferred from data described in subd. 1. (m) "Government agency" includes any federal, state, tribal, or local government entity. (n) "Identified or identifiable individual" means an individual who can be readily identified, directly or indirectly, including by reference to an identifier such as a name, an identification number, specific geolocation data, or an online identifier. (o) "Known adultKnown adult"Known adult" is a consumer who a covered business actually knows is an adult or labels as an adult in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(o)" is a consumerConsumer1. Except as provided in subd. 2., "consumer" means an individual who is a resident of this state. 2. "Consumer" does not include any of the following: a. An individual acting in a commercial or employment context. b. An individual acting as an employee, owner, director, officer, or contractor of a business entity, nonprofit organization, or government agency whose communications or transactions with a covered business occur solely within the context of that individual's role with the business entity, nonprofit organization, or government agency.Wis. Stat. § 100.80(1)(f) who a covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) actually knows is an adult or labels as an adult in accordance with rules promulgated under sub. (7) (b). (p) "MinorMinor"Minor" means an individual who is less than 18 years of age.Wis. Stat. § 100.80(1)(p)" means an individual who is less than 18 years of age. (q) 1. Except as provided in subd. 2., "online service, product, or featureOnline service, product, or feature1. Except as provided in subd. 2., "online service, product, or feature" means a digital product that is accessible to the public by means of the Internet, including through a website or mobile application. 2. "Online service, product, or feature" does not include any of the following: a. Telecommunications service, as defined in 47 USC 153 (53). b. A broadband Internet access service, as defined in 47 CFR 54.400. c. A physical product.Wis. Stat. § 100.80(1)(q)" means a digital product that is accessible to the public by means of the Internet, including through a website or mobile application. 2. "Online service, product, or featureOnline service, product, or feature1. Except as provided in subd. 2., "online service, product, or feature" means a digital product that is accessible to the public by means of the Internet, including through a website or mobile application. 2. "Online service, product, or feature" does not include any of the following: a. Telecommunications service, as defined in 47 USC 153 (53). b. A broadband Internet access service, as defined in 47 CFR 54.400. c. A physical product.Wis. Stat. § 100.80(1)(q)" does not include any of the following: a. Telecommunications service, as defined in 47 USC 153 (53). b. A broadband Internet access service, as defined in 47 CFR 54.400. c. A physical product. (r) 1. Except as provided in subd. 2., "personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r)" means any information, including derived dataDerived data"Derived data" means data that is created by the derivation of information, data, assumptions, correlations, inferences, predictions, or conclusions from facts, evidence, or another source of information or data about a minor or a minor's device.Wis. Stat. § 100.80(1)(k) and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r)" does not include de-identified dataDe-identified data"De-identified data" means data that does not identify and cannot reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable individual or to a device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household to the extent a covered business that possesses the data does all of the following: 1. Takes reasonable measures, including the de-identification requirements set forth under 45 CFR 164.514, to ensure that the data cannot be used to reidentify the individual and cannot be associated with the individual or device. 2. Publicly commits to process the data only in a de-identified fashion and does not attempt to reidentify the individual or device. 3. Contractually obligates any recipient of the data to comply with all provisions of this section.Wis. Stat. § 100.80(1)(j) or publicly available information. (s) "ProcessProcess"Process" or "processing" means any operation performed, whether by manual or automated means, on personal data, such as the collection, use, storage, disclosure, analysis, deletion, modification, or other handling of personal data.Wis. Stat. § 100.80(1)(s)" or "processing" means any operation performed, whether by manual or automated means, on personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r), such as the collection, use, storage, disclosure, analysis, deletion, modification, or other handling of personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r). (t) "ProcessorProcessor"Processor" means a person who processes personal data on behalf of any of the following: 1. A covered business. 2. Another processor.Wis. Stat. § 100.80(1)(t)" means a person who processesProcess"Process" or "processing" means any operation performed, whether by manual or automated means, on personal data, such as the collection, use, storage, disclosure, analysis, deletion, modification, or other handling of personal data.Wis. Stat. § 100.80(1)(s) personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) on behalf of any of the following: 1. A covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g). 2. Another processorProcessor"Processor" means a person who processes personal data on behalf of any of the following: 1. A covered business. 2. Another processor.Wis. Stat. § 100.80(1)(t). (u) 1. Except as provided in subd. 2., "publicly available information" means any of the following: a. Information that is made available through federal, state, or local government records or to the general public from widely distributed media. b. Information that a covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) has a reasonable basis to believe a consumerConsumer1. Except as provided in subd. 2., "consumer" means an individual who is a resident of this state. 2. "Consumer" does not include any of the following: a. An individual acting in a commercial or employment context. b. An individual acting as an employee, owner, director, officer, or contractor of a business entity, nonprofit organization, or government agency whose communications or transactions with a covered business occur solely within the context of that individual's role with the business entity, nonprofit organization, or government agency.Wis. Stat. § 100.80(1)(f) has lawfully made available to the general public. 2. "Publicly available information" does not include any of the following: a. Biometric dataBiometric data1. Except as provided in subd. 2., "biometric data" means data generated from the technological processing of an individual's unique biological, physical, or physiological characteristics that allow or confirm the unique identification of the individual, including iris or retina scans; fingerprints; facial or hand mapping, geometry, or templates; vein patterns; voice prints or vocal biomarkers; and gait or personally identifying physical movement or patterns. 2. "Biometric data" does not include a digital or physical photograph; an audio or video recording; or any data generated from a digital or physical photograph or an audio or video recording unless the data is generated to identify a specific individual.Wis. Stat. § 100.80(1)(b) collected by a covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) about a consumerConsumer1. Except as provided in subd. 2., "consumer" means an individual who is a resident of this state. 2. "Consumer" does not include any of the following: a. An individual acting in a commercial or employment context. b. An individual acting as an employee, owner, director, officer, or contractor of a business entity, nonprofit organization, or government agency whose communications or transactions with a covered business occur solely within the context of that individual's role with the business entity, nonprofit organization, or government agency.Wis. Stat. § 100.80(1)(f) without the consumerConsumer1. Except as provided in subd. 2., "consumer" means an individual who is a resident of this state. 2. "Consumer" does not include any of the following: a. An individual acting in a commercial or employment context. b. An individual acting as an employee, owner, director, officer, or contractor of a business entity, nonprofit organization, or government agency whose communications or transactions with a covered business occur solely within the context of that individual's role with the business entity, nonprofit organization, or government agency.Wis. Stat. § 100.80(1)(f)'s knowledge. b. Information that is collated and combined to create a consumerConsumer1. Except as provided in subd. 2., "consumer" means an individual who is a resident of this state. 2. "Consumer" does not include any of the following: a. An individual acting in a commercial or employment context. b. An individual acting as an employee, owner, director, officer, or contractor of a business entity, nonprofit organization, or government agency whose communications or transactions with a covered business occur solely within the context of that individual's role with the business entity, nonprofit organization, or government agency.Wis. Stat. § 100.80(1)(f) profile that is made available to a user of a publicly available website either in exchange for payment or free of charge. c. Information that is made available for sale. d. An inference generated from the information described in subds. 2. b. or c. e. Any obscene visual depiction that is within the scope of 18 USC 1460. f. Personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) created by combining personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) with publicly available information described in subd. 1. g. Genetic data, unless the genetic data is made publicly available by the individual to whom the genetic data pertains. h. Information provided by a consumerConsumer1. Except as provided in subd. 2., "consumer" means an individual who is a resident of this state. 2. "Consumer" does not include any of the following: a. An individual acting in a commercial or employment context. b. An individual acting as an employee, owner, director, officer, or contractor of a business entity, nonprofit organization, or government agency whose communications or transactions with a covered business occur solely within the context of that individual's role with the business entity, nonprofit organization, or government agency.Wis. Stat. § 100.80(1)(f) on a website or online service made available to all members of the public, for free or for a fee, if the consumerConsumer1. Except as provided in subd. 2., "consumer" means an individual who is a resident of this state. 2. "Consumer" does not include any of the following: a. An individual acting in a commercial or employment context. b. An individual acting as an employee, owner, director, officer, or contractor of a business entity, nonprofit organization, or government agency whose communications or transactions with a covered business occur solely within the context of that individual's role with the business entity, nonprofit organization, or government agency.Wis. Stat. § 100.80(1)(f) has maintained a reasonable expectation of privacy in the information, such as by restricting the information to a specific audience. i. Intimate images, whether authentic or computer-generated, that a covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) knows were obtained or made available without the consent of the subject of the images. (v) "Reasonably likely to be accessed by a minorReasonably likely to be accessed by a minor"Reasonably likely to be accessed by a minor," as it relates to an online service, product, or feature, means reasonably likely to be accessed by a minor based on any of the following indicators: 1. The online service, product, or feature is directed to a child, as defined in 15 USC 6501 (1). 2. The online service, product, or feature is determined, based on competent and reliable evidence regarding audience composition, to be routinely accessed by an audience that is composed of at least 2 percent minors who are from 2 to 17 years of age. 3. The audience of the online service, product, or feature is determined, based on internal company research, to be composed of at least 2 percent minors who are from 2 to 17 years of age. 4. The covered business offering the online service, product, or feature knew or should have known that at least 2 percent of the audience of the online service, product, or feature includes minors who are from 2 to 17 years of age and, in making this assessment, the covered business does not collect or process personal data that is not reasonably necessary to provide an online service, product, or feature with which a minor is actively and knowingly engaged.Wis. Stat. § 100.80(1)(v)," as it relates to an online service, product, or featureOnline service, product, or feature1. Except as provided in subd. 2., "online service, product, or feature" means a digital product that is accessible to the public by means of the Internet, including through a website or mobile application. 2. "Online service, product, or feature" does not include any of the following: a. Telecommunications service, as defined in 47 USC 153 (53). b. A broadband Internet access service, as defined in 47 CFR 54.400. c. A physical product.Wis. Stat. § 100.80(1)(q), means reasonably likely to be accessed by a minorReasonably likely to be accessed by a minor"Reasonably likely to be accessed by a minor," as it relates to an online service, product, or feature, means reasonably likely to be accessed by a minor based on any of the following indicators: 1. The online service, product, or feature is directed to a child, as defined in 15 USC 6501 (1). 2. The online service, product, or feature is determined, based on competent and reliable evidence regarding audience composition, to be routinely accessed by an audience that is composed of at least 2 percent minors who are from 2 to 17 years of age. 3. The audience of the online service, product, or feature is determined, based on internal company research, to be composed of at least 2 percent minors who are from 2 to 17 years of age. 4. The covered business offering the online service, product, or feature knew or should have known that at least 2 percent of the audience of the online service, product, or feature includes minors who are from 2 to 17 years of age and, in making this assessment, the covered business does not collect or process personal data that is not reasonably necessary to provide an online service, product, or feature with which a minor is actively and knowingly engaged.Wis. Stat. § 100.80(1)(v) based on any of the following indicators: 1. The online service, product, or featureOnline service, product, or feature1. Except as provided in subd. 2., "online service, product, or feature" means a digital product that is accessible to the public by means of the Internet, including through a website or mobile application. 2. "Online service, product, or feature" does not include any of the following: a. Telecommunications service, as defined in 47 USC 153 (53). b. A broadband Internet access service, as defined in 47 CFR 54.400. c. A physical product.Wis. Stat. § 100.80(1)(q) is directed to a child, as defined in 15 USC 6501 (1). 2. The online service, product, or featureOnline service, product, or feature1. Except as provided in subd. 2., "online service, product, or feature" means a digital product that is accessible to the public by means of the Internet, including through a website or mobile application. 2. "Online service, product, or feature" does not include any of the following: a. Telecommunications service, as defined in 47 USC 153 (53). b. A broadband Internet access service, as defined in 47 CFR 54.400. c. A physical product.Wis. Stat. § 100.80(1)(q) is determined, based on competent and reliable evidence regarding audience composition, to be routinely accessed by an audience that is composed of at least 2 percent minorsMinor"Minor" means an individual who is less than 18 years of age.Wis. Stat. § 100.80(1)(p) who are from 2 to 17 years of age. 3. The audience of the online service, product, or featureOnline service, product, or feature1. Except as provided in subd. 2., "online service, product, or feature" means a digital product that is accessible to the public by means of the Internet, including through a website or mobile application. 2. "Online service, product, or feature" does not include any of the following: a. Telecommunications service, as defined in 47 USC 153 (53). b. A broadband Internet access service, as defined in 47 CFR 54.400. c. A physical product.Wis. Stat. § 100.80(1)(q) is determined, based on internal company research, to be composed of at least 2 percent minorsMinor"Minor" means an individual who is less than 18 years of age.Wis. Stat. § 100.80(1)(p) who are from 2 to 17 years of age. 4. The covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) offering the online service, product, or featureOnline service, product, or feature1. Except as provided in subd. 2., "online service, product, or feature" means a digital product that is accessible to the public by means of the Internet, including through a website or mobile application. 2. "Online service, product, or feature" does not include any of the following: a. Telecommunications service, as defined in 47 USC 153 (53). b. A broadband Internet access service, as defined in 47 CFR 54.400. c. A physical product.Wis. Stat. § 100.80(1)(q) knew or should have known that at least 2 percent of the audience of the online service, product, or featureOnline service, product, or feature1. Except as provided in subd. 2., "online service, product, or feature" means a digital product that is accessible to the public by means of the Internet, including through a website or mobile application. 2. "Online service, product, or feature" does not include any of the following: a. Telecommunications service, as defined in 47 USC 153 (53). b. A broadband Internet access service, as defined in 47 CFR 54.400. c. A physical product.Wis. Stat. § 100.80(1)(q) includes minorsMinor"Minor" means an individual who is less than 18 years of age.Wis. Stat. § 100.80(1)(p) who are from 2 to 17 years of age and, in making this assessment, the covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) does not collectCollect"Collect," with respect to data, means buying, renting, gathering, obtaining, receiving, or accessing any data by any means, including receiving data from the consumer, either actively or passively, or by observing the consumer's behavior.Wis. Stat. § 100.80(1)(d) or processProcess"Process" or "processing" means any operation performed, whether by manual or automated means, on personal data, such as the collection, use, storage, disclosure, analysis, deletion, modification, or other handling of personal data.Wis. Stat. § 100.80(1)(s) personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) that is not reasonably necessary to provide an online service, product, or featureOnline service, product, or feature1. Except as provided in subd. 2., "online service, product, or feature" means a digital product that is accessible to the public by means of the Internet, including through a website or mobile application. 2. "Online service, product, or feature" does not include any of the following: a. Telecommunications service, as defined in 47 USC 153 (53). b. A broadband Internet access service, as defined in 47 CFR 54.400. c. A physical product.Wis. Stat. § 100.80(1)(q) with which a minorMinor"Minor" means an individual who is less than 18 years of age.Wis. Stat. § 100.80(1)(p) is actively and knowingly engaged. (w) 1. Except as provided in subd. 2., "social media platformSocial media platform1. Except as provided in subd. 2., "social media platform" means a public or semipublic Internet-based service or application that is primarily intended to connect users and allow users to socially interact within the service or application and that enables a user to do any of the following: a. Construct a public or semipublic profile for the purpose of signing into and using the service or application. b. Populate a public list of other users with whom the user shares a social connection within the service or application. c. Create or post content that is viewable by other users, including content on message boards and in chat rooms, and receive content generated by other users. 2. "Social media platform" does not include a public or semipublic Internet-based service or application to which any of the following applies: a. It exclusively provides email or direct messaging services. b. It is used by and under the direction of an educational institution, including a learning management system or a student engagement program.Wis. Stat. § 100.80(1)(w)" means a public or semipublic Internet-based service or application that is primarily intended to connect users and allow users to socially interact within the service or application and that enables a user to do any of the following: a. Construct a public or semipublic profile for the purpose of signing into and using the service or application. b. Populate a public list of other users with whom the user shares a social connection within the service or application. c. Create or post content that is viewable by other users, including content on message boards and in chat rooms, and receive content generated by other users. 2. "Social media platformSocial media platform1. Except as provided in subd. 2., "social media platform" means a public or semipublic Internet-based service or application that is primarily intended to connect users and allow users to socially interact within the service or application and that enables a user to do any of the following: a. Construct a public or semipublic profile for the purpose of signing into and using the service or application. b. Populate a public list of other users with whom the user shares a social connection within the service or application. c. Create or post content that is viewable by other users, including content on message boards and in chat rooms, and receive content generated by other users. 2. "Social media platform" does not include a public or semipublic Internet-based service or application to which any of the following applies: a. It exclusively provides email or direct messaging services. b. It is used by and under the direction of an educational institution, including a learning management system or a student engagement program.Wis. Stat. § 100.80(1)(w)" does not include a public or semipublic Internet-based service or application to which any of the following applies: a. It exclusively provides email or direct messaging services. b. It is used by and under the direction of an educational institution, including a learning management system or a student engagement program. (x) "Third party" means a person other than a covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) or covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g).
Subsection (1) establishes the definitional framework for the entire age-appropriate design code. The key threshold definition is covered business, which requires all five criteria to be met — including the notable requirement that the business generate a majority of its annual revenue from online services and that its services be reasonably likely to be accessed by a minor. The 2-percent minor audience threshold in the reasonably likely to be accessed by a minor definition is notably low and will sweep in most general-audience online services. The covered minor definition is triggered by actual knowledge or labeling under DOJ rules, creating an important knowledge-gating mechanism for the bill's operative obligations.
(2)(a)–(c) 1 In this subsection, "emotional distressEmotional distress"Emotional distress" means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.Wis. Stat. § 100.80(2)(a)" means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling. (b) A covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) that processesProcess"Process" or "processing" means any operation performed, whether by manual or automated means, on personal data, such as the collection, use, storage, disclosure, analysis, deletion, modification, or other handling of personal data.Wis. Stat. § 100.80(1)(s) a covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h)'s personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) in any capacity owes a minimum duty of care to the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h). (c) A covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) does not satisfy the minimum duty of care under par. (b) unless its use of the personal data of the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) and the design of its online service, product, or featureOnline service, product, or feature1. Except as provided in subd. 2., "online service, product, or feature" means a digital product that is accessible to the public by means of the Internet, including through a website or mobile application. 2. "Online service, product, or feature" does not include any of the following: a. Telecommunications service, as defined in 47 USC 153 (53). b. A broadband Internet access service, as defined in 47 CFR 54.400. c. A physical product.Wis. Stat. § 100.80(1)(q) will not result in any of the following: 1. Reasonably foreseeable emotional distressEmotional distress"Emotional distress" means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.Wis. Stat. § 100.80(2)(a) to the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h). 2. Reasonably foreseeable compulsive use of the online service, product, or featureOnline service, product, or feature1. Except as provided in subd. 2., "online service, product, or feature" means a digital product that is accessible to the public by means of the Internet, including through a website or mobile application. 2. "Online service, product, or feature" does not include any of the following: a. Telecommunications service, as defined in 47 USC 153 (53). b. A broadband Internet access service, as defined in 47 CFR 54.400. c. A physical product.Wis. Stat. § 100.80(1)(q) by the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h). 3. Discrimination against the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) based upon race, ethnicity, sex, disability, sexual orientation, gender identity, gender expression, religion, or national origin.
(2)(d)–(e) The content of the media viewed by a covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) does not establish emotional distressEmotional distress"Emotional distress" means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.Wis. Stat. § 100.80(2)(a), compulsive useCompulsive use"Compulsive use" means a covered minor's repetitive use of a covered business's online service, product, or feature that materially disrupts one or more major life activities of the covered minor, including sleeping, eating, learning, reading, concentrating, communicating, or working.Wis. Stat. § 100.80(1)(e), or discrimination under par. (c). (e) Nothing in this subsection requires a covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) to prevent or preclude a covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) from accessing or viewing any piece or category of media.
Subsection (2) imposes a minimum duty of care on any covered business that processes a covered minor's personal data. The duty is framed as a design-and-use standard: the covered business must ensure its data use and product design will not result in reasonably foreseeable emotional distress, compulsive use, or discrimination against the minor on enumerated protected characteristics. Importantly, the content of media viewed by the minor cannot alone establish a violation — the duty targets product design and data practices, not editorial decisions about available content. A savings clause also ensures the bill does not require blocking minors from accessing any particular media.
(3)(a)(1)–(8) 2 A covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) shall configure all defaultDefault"Default" means a preselected option adopted by a covered business for an online service, product, or feature.Wis. Stat. § 100.80(1)(i) privacy settings provided to a covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) through the covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g)'s online service, product, or featureOnline service, product, or feature1. Except as provided in subd. 2., "online service, product, or feature" means a digital product that is accessible to the public by means of the Internet, including through a website or mobile application. 2. "Online service, product, or feature" does not include any of the following: a. Telecommunications service, as defined in 47 USC 153 (53). b. A broadband Internet access service, as defined in 47 CFR 54.400. c. A physical product.Wis. Stat. § 100.80(1)(q) to the highest level of privacy, including all of the following defaultDefault"Default" means a preselected option adopted by a covered business for an online service, product, or feature.Wis. Stat. § 100.80(1)(i) settings: 1. Not displaying the existence of the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h)'s account on a social media platformSocial media platform1. Except as provided in subd. 2., "social media platform" means a public or semipublic Internet-based service or application that is primarily intended to connect users and allow users to socially interact within the service or application and that enables a user to do any of the following: a. Construct a public or semipublic profile for the purpose of signing into and using the service or application. b. Populate a public list of other users with whom the user shares a social connection within the service or application. c. Create or post content that is viewable by other users, including content on message boards and in chat rooms, and receive content generated by other users. 2. "Social media platform" does not include a public or semipublic Internet-based service or application to which any of the following applies: a. It exclusively provides email or direct messaging services. b. It is used by and under the direction of an educational institution, including a learning management system or a student engagement program.Wis. Stat. § 100.80(1)(w) to any known adultKnown adult"Known adult" is a consumer who a covered business actually knows is an adult or labels as an adult in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(o) user unless the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) has expressly and unambiguously allowed a specific known adultKnown adult"Known adult" is a consumer who a covered business actually knows is an adult or labels as an adult in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(o) user to view the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h)'s account or has expressly and unambiguously chosen to make public the existence of the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h)'s account. 2. Not displaying media created or posted by the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) on a social media platformSocial media platform1. Except as provided in subd. 2., "social media platform" means a public or semipublic Internet-based service or application that is primarily intended to connect users and allow users to socially interact within the service or application and that enables a user to do any of the following: a. Construct a public or semipublic profile for the purpose of signing into and using the service or application. b. Populate a public list of other users with whom the user shares a social connection within the service or application. c. Create or post content that is viewable by other users, including content on message boards and in chat rooms, and receive content generated by other users. 2. "Social media platform" does not include a public or semipublic Internet-based service or application to which any of the following applies: a. It exclusively provides email or direct messaging services. b. It is used by and under the direction of an educational institution, including a learning management system or a student engagement program.Wis. Stat. § 100.80(1)(w) to any known adultKnown adult"Known adult" is a consumer who a covered business actually knows is an adult or labels as an adult in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(o) user unless the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) has expressly and unambiguously allowed a specific known adultKnown adult"Known adult" is a consumer who a covered business actually knows is an adult or labels as an adult in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(o) user to view the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h)'s media or has expressly and unambiguously chosen to make the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h)'s media publicly available. 3. Not permitting any known adultKnown adult"Known adult" is a consumer who a covered business actually knows is an adult or labels as an adult in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(o) user to like, comment on, or otherwise provide feedback on the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h)'s media on a social media platformSocial media platform1. Except as provided in subd. 2., "social media platform" means a public or semipublic Internet-based service or application that is primarily intended to connect users and allow users to socially interact within the service or application and that enables a user to do any of the following: a. Construct a public or semipublic profile for the purpose of signing into and using the service or application. b. Populate a public list of other users with whom the user shares a social connection within the service or application. c. Create or post content that is viewable by other users, including content on message boards and in chat rooms, and receive content generated by other users. 2. "Social media platform" does not include a public or semipublic Internet-based service or application to which any of the following applies: a. It exclusively provides email or direct messaging services. b. It is used by and under the direction of an educational institution, including a learning management system or a student engagement program.Wis. Stat. § 100.80(1)(w) unless the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) has expressly and unambiguously enabled this function. 4. Not permitting direct messaging on a social media platformSocial media platform1. Except as provided in subd. 2., "social media platform" means a public or semipublic Internet-based service or application that is primarily intended to connect users and allow users to socially interact within the service or application and that enables a user to do any of the following: a. Construct a public or semipublic profile for the purpose of signing into and using the service or application. b. Populate a public list of other users with whom the user shares a social connection within the service or application. c. Create or post content that is viewable by other users, including content on message boards and in chat rooms, and receive content generated by other users. 2. "Social media platform" does not include a public or semipublic Internet-based service or application to which any of the following applies: a. It exclusively provides email or direct messaging services. b. It is used by and under the direction of an educational institution, including a learning management system or a student engagement program.Wis. Stat. § 100.80(1)(w) between the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) and any known adultKnown adult"Known adult" is a consumer who a covered business actually knows is an adult or labels as an adult in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(o) user unless the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) expressly and unambiguously chooses to allow direct messaging with a specific known adultKnown adult"Known adult" is a consumer who a covered business actually knows is an adult or labels as an adult in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(o) user. 5. Not displaying the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h)'s location to other users unless the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) expressly and unambiguously shares the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h)'s location with a specific user. 6. Not displaying the users connected to the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) on a social media platformSocial media platform1. Except as provided in subd. 2., "social media platform" means a public or semipublic Internet-based service or application that is primarily intended to connect users and allow users to socially interact within the service or application and that enables a user to do any of the following: a. Construct a public or semipublic profile for the purpose of signing into and using the service or application. b. Populate a public list of other users with whom the user shares a social connection within the service or application. c. Create or post content that is viewable by other users, including content on message boards and in chat rooms, and receive content generated by other users. 2. "Social media platform" does not include a public or semipublic Internet-based service or application to which any of the following applies: a. It exclusively provides email or direct messaging services. b. It is used by and under the direction of an educational institution, including a learning management system or a student engagement program.Wis. Stat. § 100.80(1)(w) unless the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) expressly and unambiguously chooses to share the information. 7. Disabling search engine indexing of the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h)'s account profile. 8. Not sending push notifications to the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h).
(3)(b)(1)–(2) 2 A covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) may not do any of the following: 1. Provide a covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) with a single setting that makes all of the defaultDefault"Default" means a preselected option adopted by a covered business for an online service, product, or feature.Wis. Stat. § 100.80(1)(i) privacy settings less protective at once. 2. Request or prompt a covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) to make the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h)'s privacy settings less protective unless the change is strictly necessary for the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) to access an online service, product, or featureOnline service, product, or feature1. Except as provided in subd. 2., "online service, product, or feature" means a digital product that is accessible to the public by means of the Internet, including through a website or mobile application. 2. "Online service, product, or feature" does not include any of the following: a. Telecommunications service, as defined in 47 USC 153 (53). b. A broadband Internet access service, as defined in 47 CFR 54.400. c. A physical product.Wis. Stat. § 100.80(1)(q) the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) has expressly and unambiguously requested.
(3)(c)(1)–(2) 3 A covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) shall do all of the following: 1. Provide a prominent, accessible, and responsive tool to allow a covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) to request that the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h)'s account on a social media platformSocial media platform1. Except as provided in subd. 2., "social media platform" means a public or semipublic Internet-based service or application that is primarily intended to connect users and allow users to socially interact within the service or application and that enables a user to do any of the following: a. Construct a public or semipublic profile for the purpose of signing into and using the service or application. b. Populate a public list of other users with whom the user shares a social connection within the service or application. c. Create or post content that is viewable by other users, including content on message boards and in chat rooms, and receive content generated by other users. 2. "Social media platform" does not include a public or semipublic Internet-based service or application to which any of the following applies: a. It exclusively provides email or direct messaging services. b. It is used by and under the direction of an educational institution, including a learning management system or a student engagement program.Wis. Stat. § 100.80(1)(w) be unpublished or deleted. 2. Honor a request under subd. 1. not later than 15 days after the covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) receives the request.
Subsection (3) imposes detailed default privacy configuration requirements for minor accounts, with heightened specificity for social media platforms. Covered businesses must set all defaults to the highest level of privacy — including hiding the minor's account from adults, blocking adult commenting, disabling direct messaging with adults, hiding location, disabling search indexing, and suppressing push notifications. The bill prohibits offering a single toggle to weaken all privacy settings at once and bars prompting minors to weaken settings unless strictly necessary for a requested feature. Covered businesses must also provide a tool for minors to request account unpublishing or deletion, with a 15-day compliance window.
(4)(a)–(d) 4 TRANSPARENCY. A covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) shall prominently and clearly provide on its website or mobile application all of the following: (a) The covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g)'s terms of service, privacy policies and information, and community standards. (b) The purpose of each algorithmic recommendation systemAlgorithmic recommendation system"Algorithmic recommendation system" means a system that uses an algorithm to select, filter, and arrange media on a covered business's website or mobile application for the purpose of selecting, recommending, or prioritizing media for a user.Wis. Stat. § 100.80(1)(a) in use by the covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g). (c) Inputs used by each algorithmic recommendation systemAlgorithmic recommendation system"Algorithmic recommendation system" means a system that uses an algorithm to select, filter, and arrange media on a covered business's website or mobile application for the purpose of selecting, recommending, or prioritizing media for a user.Wis. Stat. § 100.80(1)(a) and all of the following about each input: 1. How it is measured or determined. 2. How it uses the personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) of covered minorsCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h). 3. How it influences the recommendations issued by the system. 4. How it is weighed relative to the other inputs reported in this paragraph. (d) For each feature of any service that uses the personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) of covered minorsCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h), a description of all of the following: 1. The purpose of the service feature. 2. The personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) collected by the service feature. 3. The personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) used by the service feature. 4. How the personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) is used by the service feature. 5. Any personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) transferred to or shared with a processorProcessor"Processor" means a person who processes personal data on behalf of any of the following: 1. A covered business. 2. Another processor.Wis. Stat. § 100.80(1)(t) or 3rd party by the service feature, the identity of the processorProcessor"Processor" means a person who processes personal data on behalf of any of the following: 1. A covered business. 2. Another processor.Wis. Stat. § 100.80(1)(t) or 3rd party, and the purpose of the transfer or sharing. 6. How long the personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) is retained.
Subsection (4) requires covered businesses to publicly disclose detailed information about their terms of service, privacy policies, community standards, and — most significantly — each algorithmic recommendation system in use. For each recommendation system, the business must disclose its purpose, all inputs used, how each input is measured, how it uses minor personal data, how it influences recommendations, and how it is weighted relative to other inputs. Additionally, for each service feature that uses covered minors' personal data, the business must disclose the feature's purpose, the personal data collected and used, how it is used, any data shared with processors or third parties (including their identities and purposes), and data retention periods.
(5)(a) 5 CollectCollect"Collect," with respect to data, means buying, renting, gathering, obtaining, receiving, or accessing any data by any means, including receiving data from the consumer, either actively or passively, or by observing the consumer's behavior.Wis. Stat. § 100.80(1)(d), sell, share, or retain any personal data of a covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) that is not necessary to provide an online service, product, or featureOnline service, product, or feature1. Except as provided in subd. 2., "online service, product, or feature" means a digital product that is accessible to the public by means of the Internet, including through a website or mobile application. 2. "Online service, product, or feature" does not include any of the following: a. Telecommunications service, as defined in 47 USC 153 (53). b. A broadband Internet access service, as defined in 47 CFR 54.400. c. A physical product.Wis. Stat. § 100.80(1)(q) with which the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) is actively and knowingly engaged.
(5)(b) 6 Use previously collected personal data of a covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) for any purpose other than a purpose for which the personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) was collected, unless doing so is necessary to comply with any obligation under this section.
(5)(c) 7 Permit any individual, including a parent or guardian of a covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h), to monitor the online activity of a covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) or to track the location of the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) without providing a conspicuous signal to the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) when the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) is being monitored or tracked.
(5)(d)(1)–(3) 8 Use the personal data of a covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) to select, recommend, or prioritize media for the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) unless the personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) is any of the following: 1. The express and unambiguous request of the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) to receive any of the following: a. Media from a specific account, feed, or user, or to receive more or less media from that account, feed, or user. b. A specific category or genre of media or to see more or less of that category or genre of media. c. More or less media with similar characteristics as the media the covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) is currently viewing. 2. User-selected privacy or accessibility settings. 3. A search query if the search query is used only to select and prioritize media in response to the search.
(5)(e) 9 Send push notifications to a covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) between midnight and 6 a.m.
Subsection (5) imposes five core prohibitions on covered businesses' handling of covered minors' data and product design. First, covered businesses may not collect, sell, share, or retain any personal data not necessary for a service the minor is actively and knowingly engaged with — a strict data minimization requirement. Second, previously collected data may not be repurposed beyond its original collection purpose. Third, parental or other monitoring must be accompanied by a conspicuous signal to the minor. Fourth, personal data may not be used for algorithmic media recommendation except in narrow carve-outs for the minor's express requests, user-selected settings, and search queries. Fifth, push notifications to covered minors are banned between midnight and 6 a.m.
(6)(a)(1)–(2) In this subsection: 1. "Age assuranceAge assurance"Age assurance" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user.Wis. Stat. § 100.80(6)(a)(1)" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user. 2. "Age range" means either an interval with an upper and lower age limit or a label indicating age above or below a specific age.
(6)(b)(1)–(6) 10 During the process of conducting age assuranceAge assurance"Age assurance" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user.Wis. Stat. § 100.80(6)(a)(1), all of the following apply to covered businessesCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) and processorsProcessor"Processor" means a person who processes personal data on behalf of any of the following: 1. A covered business. 2. Another processor.Wis. Stat. § 100.80(1)(t): 1. They may collectCollect"Collect," with respect to data, means buying, renting, gathering, obtaining, receiving, or accessing any data by any means, including receiving data from the consumer, either actively or passively, or by observing the consumer's behavior.Wis. Stat. § 100.80(1)(d) only the personal data of a user that is strictly necessary for age assuranceAge assurance"Age assurance" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user.Wis. Stat. § 100.80(6)(a)(1). 2. Upon determining whether a user is a covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h), they shall immediately delete any personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) about the user that they collected for age assuranceAge assurance"Age assurance" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user.Wis. Stat. § 100.80(6)(a)(1), except the determination of the user's age range. 3. They may not use any personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) about a user that they collected for age assuranceAge assurance"Age assurance" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user.Wis. Stat. § 100.80(6)(a)(1) for any purpose other than age assuranceAge assurance"Age assurance" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user.Wis. Stat. § 100.80(6)(a)(1). 4. They may not combine the personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) about a user that they collected for age assuranceAge assurance"Age assurance" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user.Wis. Stat. § 100.80(6)(a)(1) with any other personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) about the user, except with respect to the determination of the user's age range. 5. They may not disclose the personal dataPersonal data1. Except as provided in subd. 2., "personal data" means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to any of the following: a. An identified or identifiable individual. b. A device that identifies, is linked to, or is reasonably linkable to one or more identified or identifiable individuals in a household. 2. "Personal data" does not include de-identified data or publicly available information.Wis. Stat. § 100.80(1)(r) about a user that they collected for age assuranceAge assurance"Age assurance" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user.Wis. Stat. § 100.80(6)(a)(1) to a 3rd party that is not a processorProcessor"Processor" means a person who processes personal data on behalf of any of the following: 1. A covered business. 2. Another processor.Wis. Stat. § 100.80(1)(t). 6. They shall implement a review procedure to allow users to appeal their age determination.
Subsection (6) imposes strict data governance requirements on covered businesses and processors during the age assurance process. Age assurance data is subject to a minimization-collection-deletion lifecycle: only strictly necessary data may be collected, all personal data collected for age assurance must be immediately deleted upon determining the user's age range (retaining only the age-range determination itself), the data may not be repurposed or combined with other personal data, and it may not be disclosed to non-processor third parties. Covered businesses and processors must also implement a review procedure for users to appeal their age determination. These requirements apply to both covered businesses and processors jointly.
(7)(a)–(c) RULE MAKING RELATED TO AGE ASSURANCEAge assurance"Age assurance" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user.Wis. Stat. § 100.80(6)(a)(1) PRIVACY. (a) In this subsection, "age assuranceAge assurance"Age assurance" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user.Wis. Stat. § 100.80(6)(a)(1)" has the meaning given in sub. (6) (a) 1. (b) 1. Subject to subd. 2., the department of justice shall promulgate rules with respect to all of the following: a. Identifying commercially reasonable and technically feasible methods for covered businessesCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) and processorsProcessor"Processor" means a person who processes personal data on behalf of any of the following: 1. A covered business. 2. Another processor.Wis. Stat. § 100.80(1)(t) to determine if a user is a covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h). b. Describing appropriate review processesProcess"Process" or "processing" means any operation performed, whether by manual or automated means, on personal data, such as the collection, use, storage, disclosure, analysis, deletion, modification, or other handling of personal data.Wis. Stat. § 100.80(1)(s) for users appealing their age designations. c. Providing privacy protections for age assuranceAge assurance"Age assurance" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user.Wis. Stat. § 100.80(6)(a)(1) data. d. Labeling individuals as covered minorsCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) or known adultsKnown adult"Known adult" is a consumer who a covered business actually knows is an adult or labels as an adult in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(o) as determined under methods of age assuranceAge assurance"Age assurance" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user.Wis. Stat. § 100.80(6)(a)(1) identified under subd. 1. a. 2. In promulgating rules under subd. 1., the department of justice shall do all of the following: a. Prioritize user privacy and accessibility over the accuracy of methods of age assuranceAge assurance"Age assurance" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user.Wis. Stat. § 100.80(6)(a)(1). b. Consider the size, financial resources, and technical capabilities of covered businessesCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) and processorsProcessor"Processor" means a person who processes personal data on behalf of any of the following: 1. A covered business. 2. Another processor.Wis. Stat. § 100.80(1)(t). c. Consider the costs and effectiveness of available methods of age assuranceAge assurance"Age assurance" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user.Wis. Stat. § 100.80(6)(a)(1). d. Consider the impact of methods of age assuranceAge assurance"Age assurance" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user.Wis. Stat. § 100.80(6)(a)(1) on users' safety, utility, and experience. e. Consider whether and to what extent transparency measures would increase consumerConsumer1. Except as provided in subd. 2., "consumer" means an individual who is a resident of this state. 2. "Consumer" does not include any of the following: a. An individual acting in a commercial or employment context. b. An individual acting as an employee, owner, director, officer, or contractor of a business entity, nonprofit organization, or government agency whose communications or transactions with a covered business occur solely within the context of that individual's role with the business entity, nonprofit organization, or government agency.Wis. Stat. § 100.80(1)(f) trust in a method of age assuranceAge assurance"Age assurance" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user.Wis. Stat. § 100.80(6)(a)(1). f. Consider the efficacy of requiring covered businessesCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) and processorsProcessor"Processor" means a person who processes personal data on behalf of any of the following: 1. A covered business. 2. Another processor.Wis. Stat. § 100.80(1)(t) to use previously collected data to determine user age. g. Consider the efficacy of requiring covered businessesCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) and processorsProcessor"Processor" means a person who processes personal data on behalf of any of the following: 1. A covered business. 2. Another processor.Wis. Stat. § 100.80(1)(t) to adopt interoperable methods of age assuranceAge assurance"Age assurance" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user.Wis. Stat. § 100.80(6)(a)(1). h. Consider the efficacy of requiring covered businessesCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) and processorsProcessor"Processor" means a person who processes personal data on behalf of any of the following: 1. A covered business. 2. Another processor.Wis. Stat. § 100.80(1)(t) to provide users with multiple options for age assuranceAge assurance"Age assurance" means methods, including a range of methods, used to determine, estimate, or communicate the age or an age range of an online user.Wis. Stat. § 100.80(6)(a)(1). (c) The department of justice shall periodically review and update the rules promulgated under par. (b) 1. as necessary to keep pace with emerging technology.
Subsection (7) directs the Wisconsin Department of Justice to promulgate rules on age assurance methods, including identifying commercially reasonable and technically feasible methods for covered businesses and processors to determine whether a user is a covered minor, describing appropriate appeal processes for age designations, providing privacy protections for age assurance data, and labeling individuals as covered minors or known adults. The rulemaking must prioritize user privacy and accessibility over accuracy and must consider factors including business size, cost-effectiveness, user safety, transparency, interoperability, and multiple-option requirements. DOJ must periodically review and update these rules.
(8)(a)–(b) ENFORCEMENT. (a) A covered businessCovered business"Covered business" means a business entity to which all of the following apply: 1. The business entity conducts business in this state. 2. The business entity generates a majority of its annual revenue from online services. 3. The business entity's online services, products, or features are reasonably likely to be accessed by a minor. 4. The business entity collects consumers' personal data or has consumers' personal data collected on its behalf by a processor. 5. The business entity, alone or jointly with others, determines the purposes and means of the processing of consumers' personal data.Wis. Stat. § 100.80(1)(g) or processorProcessor"Processor" means a person who processes personal data on behalf of any of the following: 1. A covered business. 2. Another processor.Wis. Stat. § 100.80(1)(t) that violates this section or rules promulgated under this section commits an unfair trade practice in violation of s. 100.20. (b) In addition to any enforcement authority provided under s. 100.20, the department of justice may investigate an alleged violation of this section and may commence an action in the name of the state to restrain by temporary or permanent injunction a violation of this section.
Subsection (8) establishes the enforcement framework. Violations of the bill or DOJ rules are classified as unfair trade practices under Wis. Stat. § 100.20, incorporating that statute's existing enforcement mechanisms. Additionally, DOJ has independent authority to investigate alleged violations and to bring injunction actions in the name of the state. The bill does not create a private right of action.
(9)(a)(1)–(6) EXCLUSIONS; LIMITATIONS; RIGHTS AND FREEDOMS OF COVERED MINORSCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h). (a) This section does not apply to any of the following: 1. A government agency in the ordinary course of its operation. 2. Protected health information that a covered entity, as defined in 45 CFR 160.103, or a business associate, as defined in 45 CFR 160.103, processesProcess"Process" or "processing" means any operation performed, whether by manual or automated means, on personal data, such as the collection, use, storage, disclosure, analysis, deletion, modification, or other handling of personal data.Wis. Stat. § 100.80(1)(s) in accordance with the provisions of P.L. 104-191 or documents that a covered entity or business associate creates for the purpose of complying with the provisions of P.L. 104-191. 3. Information used only for public health activities and purposes described in 45 CFR 164.512. 4. Information that identifies a consumerConsumer1. Except as provided in subd. 2., "consumer" means an individual who is a resident of this state. 2. "Consumer" does not include any of the following: a. An individual acting in a commercial or employment context. b. An individual acting as an employee, owner, director, officer, or contractor of a business entity, nonprofit organization, or government agency whose communications or transactions with a covered business occur solely within the context of that individual's role with the business entity, nonprofit organization, or government agency.Wis. Stat. § 100.80(1)(f) in connection with any of the following: a. Activities that are subject to 45 CFR 46. b. Research on human subjects undertaken in accordance with good clinical practice guidelines issued by the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use. c. Activities that are subject to the protections provided in 21 CFR 50 and 56. d. Research conducted in accordance with the requirements set forth in subd. 4. a. to c. or otherwise in accordance with state or federal law. 5. An entity whose primary purpose is journalism and a majority of whose employees engage in journalism. 6. A financial institution identified in 15 USC 6805 (a).
(9)(b)(1)–(3) Nothing in this section does any of the following: 1. Imposes liability in a manner that is inconsistent with 47 USC 230. 2. Prevents or precludes any covered minorCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) from deliberately or independently searching for, or specifically requesting, any media. 3. Infringes on the existing rights and freedoms of covered minorsCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) or discriminates against covered minorsCovered minor"Covered minor" is a consumer who a covered business actually knows is a minor or labels as a minor in accordance with rules promulgated under sub. (7) (b).Wis. Stat. § 100.80(1)(h) based on race, ethnicity, sex, disability, sexual orientation, gender identity, gender expression, religion, or national origin.
Subsection (9) carves out several categories from the bill's scope: government agencies, HIPAA-covered protected health information, public health activities, human subjects research, journalism entities, and GLBA financial institutions. A § 230 savings clause provides that liability is not imposed inconsistently with federal law. The bill also preserves covered minors' rights to independently search for or request media and prohibits using the bill to infringe on minors' existing rights or discriminate against them on protected characteristics.