Text of CT SB 1295 (2025)
An Act Concerning Broadband Internet, Gaming, Social Media, Online Services And Consumer Contracts.
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As introduced
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LCO No. 4634
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General Assembly
Raised Bill No. 1295
January Session, 2025
LCO No. 4634
Referred to Committee on GENERAL LAW
Introduced by:
(GL)
AN ACT CONCERNING SOCIAL MEDIA PLATFORMS AND ONLINE
SERVICES, PRODUCTS AND FEATURES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2025) (a) As used in this section:
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(1) "Consumer" means an individual who is a resident of this state
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and a user of a social media platform;
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(2) "Cyberbullying" means any unwanted and aggressive behavior on
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a social media platform;
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(3) "Mental health services" has the same meaning as provided in
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section 19a-498c of the general statutes;
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(4) "Owner" means the person who owns a social media platform;
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(5) "Person" means an individual, association, corporation, limited
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liability company, partnership, trust or other legal entity; and
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(6) "Social media platform" has the same meaning as provided in
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section 42-528 of the general statutes.
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(b) Not later than January 1, 2026, each owner of a social media
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platform shall incorporate an online safety center into the social media
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platform. Each online safety center shall, at a minimum, provide the
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consumers who use such social media platform with:
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(1) Resources for the purposes of (A) preventing cyberbullying on
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such social media platform, and (B) enabling any consumer to identify
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any means available to such consumer to obtain mental health services,
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including, but not limited to, an Internet web site address or telephone
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number where such consumer may obtain mental health services for the
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treatment of an anxiety disorder or the prevention of suicide;
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(2) An explanation of such social media platform's mechanism for
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reporting harmful or unwanted behavior, including, but not limited to,
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cyberbullying, on such social media platform; and
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(3) Educational information concerning the impact that social media
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platforms have on users' mental health.
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(c) Not later than January 1, 2026, each owner of a social media
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platform shall establish a cyberbullying policy for the social media
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platform. Such policy shall, at a minimum, set forth the manner in which
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such owner handles reports of cyberbullying on such social media
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platform.
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Sec. 2. Section 42-529 of the general statutes is repealed and the
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following is substituted in lieu thereof (Effective October 1, 2025):
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For the purposes of this section and sections 42-529a to 42-529e,
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inclusive, as amended by this act:
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(1) "Adult" means any individual who is at least eighteen years of age;
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(2) "Consent" has the same meaning as provided in section 42-515;
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(3) "Consumer" has the same meaning as provided in section 42-515;
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(4) "Controller" has the same meaning as provided in section 42-515;
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(5) "Heightened risk of harm to minors" means processing minors'
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personal data in a manner that presents any reasonably foreseeable risk
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of (A) any unfair or deceptive treatment of, or any unlawful disparate
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impact on, minors, (B) any financial, physical or reputational injury to
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minors, [or] (C) any physical or other intrusion upon the solitude or
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seclusion, or the private affairs or concerns, of minors if such intrusion
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would be offensive to a reasonable person, or (D) any harm to the
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physical or mental health of minors;
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(6) "HIPAA" has the same meaning as provided in section 42-515;
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(7) "Minor" means any consumer who is younger than eighteen years
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of age;
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(8) "Online service, product or feature" means any service, product or
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feature that is provided online. "Online service, product or feature" does
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not include any (A) telecommunications service, as defined in 47 USC
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153, as amended from time to time, (B) broadband Internet access
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service, as defined in 47 CFR 54.400, as amended from time to time, or
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(C) delivery or use of a physical product;
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(9) "Person" has the same meaning as provided in section 42-515;
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(10) "Personal data" has the same meaning as provided in section 42-
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515;
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(11) "Precise geolocation data" has the same meaning as provided in
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section 42-515;
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(12) "Process" and "processing" have the same meaning as provided
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in section 42-515;
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(13) "Processor" has the same meaning as provided in section 42-515;
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(14) "Profiling" has the same meaning as provided in section 42-515;
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(15) "Protected health information" has the same meaning as
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provided in section 42-515;
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(16) "Sale of personal data" has the same meaning as provided in
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section 42-515;
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(17) "Targeted advertising" has the same meaning as provided in
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section 42-515; and
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(18) "Third party" has the same meaning as provided in section 42-
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515.
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Sec. 3. Subsections (b) and (c) of section 42-529a of the general statutes
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are repealed and the following is substituted in lieu thereof (Effective
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October 1, 2025):
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(b) (1) Subject to the consent requirement established in subdivision
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(3) of this subsection, no controller that offers any online service,
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product or feature to consumers whom such controller has actual
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knowledge, or wilfully disregards, are minors shall [: (A) Process]
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process any minor's personal data: [(i) for] (A) For the purposes of [(I)]
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(i) targeted advertising, [(II)] (ii) any sale of personal data, or [(III)] (iii)
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profiling in furtherance of any fully automated decision made by such
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controller that produces any legal or similarly significant effect
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concerning the provision or denial by such controller of any financial or
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lending services, housing, insurance, education enrollment or
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opportunity, criminal justice, employment opportunity, health care
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services or access to essential goods or services; [, (ii)] (B) unless such
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processing is reasonably necessary to provide such online service,
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product or feature; [, (iii)] (C) for any processing purpose [(I)] (i) other
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than the processing purpose that the controller disclosed at the time
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such controller collected such personal data, or [(II)] (ii) that is
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reasonably necessary for, and compatible with, the processing purpose
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described in subparagraph [(A)(iii)(I)] (C)(i) of this subdivision; [,] or
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[(iv)] (D) for longer than is reasonably necessary to provide such online
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service, product or feature. [; or (B) use any system design feature to
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significantly increase, sustain or extend any minor's use of such online
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service, product or feature.] The provisions of this subdivision shall not
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apply to any service or application that is used by and under the
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direction of an educational entity, including, but not limited to, a
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learning management system or a student engagement program.
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(2) Subject to the consent requirement established in subdivision (3)
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of this subsection, no controller that offers an online service, product or
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feature to consumers whom such controller has actual knowledge, or
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wilfully disregards, are minors shall collect a minor's precise
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geolocation data unless: (A) Such precise geolocation data is reasonably
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necessary for the controller to provide such online service, product or
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feature and, if such data is necessary to provide such online service,
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product or feature, such controller may only collect such data for the
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time necessary to provide such online service, product or feature; and
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(B) the controller provides to the minor a signal indicating that such
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controller is collecting such precise geolocation data, which signal shall
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be available to such minor for the entire duration of such collection.
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(3) No controller shall engage in the activities described in
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subdivisions (1) and (2) of this subsection unless the controller obtains
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the minor's consent or, if the minor is younger than thirteen years of age,
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the consent of such minor's parent or legal guardian. A controller that
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complies with the verifiable parental consent requirements established
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in the Children's Online Privacy Protection Act of 1998, 15 USC 6501 et
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seq., and the regulations, rules, guidance and exemptions adopted
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pursuant to said act, as said act and such regulations, rules, guidance
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and exemptions may be amended from time to time, shall be deemed to
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have satisfied any requirement to obtain parental consent under this
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subdivision.
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(c) (1) No controller that offers any online service, product or feature
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to consumers whom such controller has actual knowledge, or wilfully
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disregards, are minors shall: (A) Provide any consent mechanism that is
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designed to substantially subvert or impair, or is manipulated with the
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effect of substantially subverting or impairing, user autonomy, decision-
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making or choice; [or] (B) except as provided in subdivision (2) of this
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subsection, offer any direct messaging apparatus for use by minors
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[without providing] unless (i) such controller provides readily
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accessible and easy-to-use safeguards to limit the ability of adults to
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send unsolicited communications to minors with whom they are not
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connected, and (ii) such online service, product or feature includes a
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default setting that prevents adults from sending unsolicited
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communications to minors with whom they are not connected; or (C)
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except as provided in subdivision (3) of this subsection, use any system
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design feature to significantly increase, sustain or extend any minor's
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use of such online service, product or feature.
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(2) The provisions of subparagraph (B) of subdivision (1) of this
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subsection shall not apply to services where the predominant or
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exclusive function is: (A) Electronic mail; or (B) direct messaging
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consisting of text, photos or videos that are sent between devices by
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electronic means, where messages are (i) shared between the sender and
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the recipient, (ii) only visible to the sender and the recipient, and (iii) not
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posted publicly.
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(3) The provisions of subparagraph (C) of subdivision (1) of this
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subsection shall not apply to any service or application that is used by
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and under the direction of an educational entity, including, but not
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limited to, a learning management system or a student engagement
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program.
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Sec. 4. Subsection (e) of section 42-529b of the general statutes is
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repealed and the following is substituted in lieu thereof (Effective October
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1, 2025):
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(e) If any controller conducts a data protection assessment pursuant
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to subsection (a) of this section and determines that the online service,
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product or feature that is the subject of such assessment poses a
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heightened risk of harm to minors, such controller shall establish and
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implement a plan to mitigate or eliminate such risk. The Attorney
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General may require a controller to disclose to the Attorney General a
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plan established and implemented pursuant to this subsection if the
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plan is relevant to an investigation conducted by the Attorney General.
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This act shall take effect as follows and shall amend the following
sections:
Section 1
October 1, 2025
New section
Sec. 2
October 1, 2025
42-529
Sec. 3
October 1, 2025
42-529a(b) and (c)
Sec. 4
October 1, 2025
42-529b(e)
Statement of Purpose:
To (1) require the owner of a social media platform to incorporate an
online safety center into, and establish a cyberbullying policy for, the
owner's social media platform, (2) redefine "heightened risk of harm to
minors" to include processing minors' personal data in a manner that
presents any reasonably foreseeable risk of harm to minors' physical or
mental health, and (3) require the controller of an online service, product
or feature that is offered to minors to (A) include a default setting in
such service, product or feature to prevent adults from sending
unsolicited communications to minors, (B) not use any system design
feature to significantly increase, sustain or extend minors' use of such
service, product or feature, and (C) disclose to the Attorney General a
plan established and implemented to mitigate or eliminate any
heightened risk of harm to minors.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]
As enrolled or final
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Substitute Senate Bill No. 1295
Public Act No. 25-113
AN ACT CONCERNING BROADBAND INTERNET, GAMING,
SOCIAL
MEDIA,
ONLINE
SERVICES
AND
CONSUMER
CONTRACTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2025) (a) As used in this section:
(1) "Affordable broadband Internet access service" means broadband
Internet access service that (A) costs not more than the amount
established in subsection (g) of this section, and (B) meets the minimum
speed requirements set forth in subsection (h) of this section;
(2) "Broadband Internet access service" has the same meaning as
provided in section 16-330a of the general statutes;
(3) "Broadband Internet access service provider" has the same
meaning as provided in section 16-330a of the general statutes;
(4) "Eligible household" means a household (A) in which at least one
resident is an eligible individual, and (B) that is located within a
qualified broadband Internet access service provider's service territory
in this state;
(5) "Eligible individual" means an individual who is enrolled in a
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qualified public assistance program;
(6) "Person" means an individual, corporation, business trust, estate
trust, partnership, association, joint venture or any other legal or
commercial entity;
(7) "Qualified broadband Internet access service provider" means a
broadband Internet access service provider that is doing business in this
state and with any state agency, including, but not limited to, through a
procurement contract;
(8)
"Qualified
public
assistance
program"
means
(A)
the
supplemental nutrition assistance program administered by the
Department of Social Services pursuant to the Food and Nutrition Act
of 2008, as amended from time to time, and (B) any public assistance
program recognized by a qualified broadband Internet access service
provider for the purpose of determining eligibility for the qualified
broadband Internet access service provider's existing low-income
broadband Internet access service program; and
(9) "State agency" has the same meaning as provided in section 1-79
of the general statutes, but does not include the Department of
Emergency Services and Public Protection.
(b) Not later than September 30, 2026, the Commissioner of Energy
and Environmental Protection shall, for the purposes set forth in this
section, develop, establish and administer a program that shall be
known as the "Net Equality Program".
(c) As part of the program established pursuant to subsection (b) of
this section, and beginning on October 1, 2026, each qualified broadband
Internet access service provider shall allow any individual who resides
in an eligible household that is located within such qualified broadband
Internet access service provider's service territory in this state to submit
to such qualified broadband Internet access service provider a request
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to subscribe to affordable broadband Internet access service provided
by such qualified broadband Internet access service provider.
(d) On and after October 1, 2026, each qualified broadband Internet
access service provider shall make a commercially reasonable effort to
raise public awareness regarding the availability of the affordable
broadband Internet access service such qualified broadband Internet
access service provider offers to eligible households located within such
qualified broadband Internet access service provider's service territory
in this state. Such effort shall include, but need not be limited to, posting
the enrollment procedures for such qualified broadband Internet access
service in a prominent and publicly accessible location on such qualified
broadband Internet access service provider's Internet web site.
(e) Not later than February 1, 2027, and annually thereafter, each
qualified broadband Internet access service provider shall submit to the
Department of Energy and Environmental Protection, in a form and
manner prescribed by the Commissioner of Energy and Environmental
Protection, a report disclosing:
(1) The number of eligible households that signed up for affordable
broadband Internet access service provided by such qualified
broadband Internet access service provider during the year that is the
subject of the report; and
(2) The total number of eligible households that received affordable
broadband Internet access service provided by such qualified
broadband Internet access service provider during the year that is the
subject of such report.
(f) As part of the program established pursuant to subsection (b) of
this section, the Department of Energy and Environmental Protection
shall explore options to establish and advance strategic and effective
public-private partnerships.
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(g) (1) Except as provided in subdivision (2) of this subsection, the
monthly cost, including all taxes, charges and fees, charged by a
qualified broadband Internet access service provider to an eligible
household for affordable broadband Internet access service provided
pursuant to this section, including all equipment associated with such
affordable broadband Internet access service, shall not exceed forty
dollars.
(2) Not later than June 1, 2027, and annually thereafter, the
Department of Energy and Environmental Protection shall adjust the
maximum monthly cost that a qualified broadband Internet access
service provider may charge to an eligible household for affordable
broadband Internet access service provided pursuant to this section
during the twelve-month period beginning on July first of the same
calendar year in accordance with any change in the consumer price
index for the preceding calendar year, as published by the United States
Department of Labor, Bureau of Labor Statistics.
(h) (1) Except as provided in subdivisions (2) and (3) of this
subsection, all affordable broadband Internet access service provided
pursuant to this section shall:
(A) During the period beginning October 1, 2026, and ending
September 30, 2027, provide speeds that are at least as fast as (i) one
hundred megabits per second downstream, and (ii) five megabits per
second upstream;
(B) On and after October 1, 2027, provide speeds that are at least as
fast as (i) one hundred megabits per second downstream, and (ii) twenty
megabits per second upstream; and
(C) Speeds and latencies that are sufficient to support distance
learning and telehealth services.
(2) Beginning on June 1, 2030, and not more frequently than
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biennially thereafter, the Department of Energy and Environmental
Protection may, in consultation with the department's Bureau of Energy
and Technology and the Commission for Educational Technology,
increase the minimum speeds set forth in subparagraph (B) of
subdivision (1) of this subsection for the two-year period beginning on
July first of the same calendar year. The department, bureau and
commission shall post such increased speeds on the department's,
bureau's and commission's Internet web sites.
(3) (A) Except as provided in subparagraph (B) of this subdivision,
the Department of Energy and Environmental Protection may authorize
or require a deviation from the requirements established in this
subsection for the purpose of complying with applicable state law,
federal law or elements of the department's federally subsidized
broadband programs that are included in federal applications, made
public or negotiated with bidders on or before June 30, 2025.
(B) The department shall not authorize or require any deviation from
the requirements established in this subsection to allow any affordable
broadband Internet access service provided pursuant to this section to
provide speeds that are slower than the speeds set forth in
subparagraph (A) or (B) of subdivision (1) of this subsection or
established by the department, in consultation with the department's
Bureau of Energy and Technology and the Commission for Educational
Technology, pursuant to subdivision (2) of this subsection, whichever
speeds are faster.
(i) Beginning on January 31, 2027, any state agency proposing to enter
into a contract for the purchase of broadband Internet access service
shall, all other factors being equal, give preference to a qualified
broadband Internet access service provider that offers affordable
broadband Internet access service to eligible households pursuant to
this section.
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(j) The provisions of subsections (a) to (i), inclusive, of this section
shall not be construed to impair any contract that is in existence on
October 1, 2026.
(k) Notwithstanding any provision of the general statutes, no
violation of this section shall be deemed an unfair method of
competition or an unfair or deceptive act or practice in the conduct of
any trade or commerce pursuant to subsection (a) of section 42-110b of
the general statutes.
Sec. 2. Section 12-815a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2025):
(a) The Commissioner of Consumer Protection shall issue vendor,
affiliate, lottery sales agent and occupational licenses in a form and
manner prescribed by the commissioner and in accordance with the
provisions of this section.
(b) No person or business organization awarded a primary contract
by the Connecticut Lottery Corporation to provide facilities,
components, goods or services that are necessary for and directly related
to the secure operation of the activities of said corporation shall do so
unless such person or business organization is issued a vendor license
by the Commissioner of Consumer Protection. For the purposes of this
subsection, "primary contract" means a contract to provide facilities,
components, goods or services to said corporation by a person or
business organization (1) that provides any lottery game or any online
wagering system related facilities, components, goods or services and
that receives or, in the exercise of reasonable business judgment, can be
expected to receive more than seventy-five thousand dollars or twenty-
five per cent of its gross annual sales from said corporation, or (2) that
has access to the facilities of said corporation and provides services in
such facilities without supervision by said corporation. Each applicant
for a vendor license shall pay a nonrefundable application fee of two
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hundred fifty dollars.
(c) (1) The Connecticut Lottery Corporation may employ the delivery
services of a business organization that does not hold a vendor license
for the purpose of transporting and delivering lottery tickets to lottery
sales agents, provided:
(A) All lottery tickets are securely packaged in tamper-evident
packaging by employees of the corporation on the premises of the
corporation while under video surveillance, the exterior of such
packaging does not contain any word, graphic or symbol indicating that
such packaging contains lottery tickets and the corporation does not
include the word "lottery" anywhere on such packaging, including in
the return address;
(B) All packages are tracked and require a signature upon delivery;
(C) The corporation creates and retains documentation for each
package, which documentation includes, at a minimum, the following
information: (i) The lottery game number; (ii) the pack number or
numbers; (iii) the lottery game name; (iv) the number of packs contained
in such package; (v) the name and address of the lottery sales agent who
is the intended recipient of the lottery tickets; (vi) the package shipment
date; and (vii) the name of the business organization delivering the
tickets from the corporation to the lottery sales agent.
(2) Prior to utilizing a business organization described in subdivision
(1) of this subsection for the purpose set forth in said subdivision, the
corporation shall provide a detailed plan to the department, in a form
and manner prescribed by the commissioner, which plan shall be
reviewed and approved or denied by the commissioner not later than
thirty days after the department receives such plan. Such plan shall
include, at a minimum, the following information:
(A) The name and contact information for the business organization;
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(B) The proposed date to commence shipment through such business
organization;
(C) A detailed description of the specific tamper-evident packaging
to be used, which description shall include the security features for such
packaging;
(D) The additional security measures to be provided by the business
organization during transport and at the point of delivery; and
(E) A description of the processes to be employed by the business
organization in transporting the lottery tickets in the event a delivery is
unsuccessful.
(3) The corporation shall retain a copy of all documentation created
pursuant to subdivision (2) of this subsection for not less than three
years. In the event the corporation is notified by a lottery sales agent that
a package of lottery tickets appears to be damaged, missing or otherwise
compromised at the time of delivery, the corporation shall immediately
notify the department and shall provide instructions to the lottery sales
agent to embargo the package until such time that the contents can be
verified against the documentation retained by the corporation.
[(c)] (d) No person or business organization, other than a shareholder
in a publicly traded corporation, may be a contractor or a subcontractor
for the provision of facilities, components, goods or services that are
necessary for and directly related to the secure operation of the activities
of the Connecticut Lottery Corporation, or may exercise control in or
over a vendor licensee unless such person or business organization is
licensed as an affiliate licensee by the commissioner. Each applicant for
an affiliate license shall pay a nonrefundable application fee of two
hundred fifty dollars.
[(d)] (e) (1) Each employee of a vendor or affiliate licensee who has
access to the facilities of the Connecticut Lottery Corporation and
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provides services in such facilities without supervision by said
corporation or performs duties directly related to the activities of said
corporation shall obtain an occupational license.
(2) Each officer, director, partner, trustee or owner of a business
organization licensed as a vendor or affiliate licensee and any
shareholder, executive, agent or other person connected with any
vendor or affiliate licensee who, in the judgment of the commissioner,
will exercise control in or over any such licensee shall obtain an
occupational license.
(3) Each employee of the Connecticut Lottery Corporation shall
obtain an occupational license.
[(e)] (f) The commissioner shall issue occupational licenses in the
following classes: (1) Class I for persons specified in subdivision (1) of
subsection [(d)] (e) of this section; (2) Class II for persons specified in
subdivision (2) of subsection [(d)] (e) of this section; (3) Class III for
persons specified in subdivision (3) of subsection [(d)] (e) of this section
who, in the judgment of the commissioner, will not exercise authority
over or direct the management and policies of the Connecticut Lottery
Corporation; and (4) Class IV for persons specified in subdivision (3) of
subsection [(d)] (e) of this section who, in the judgment of the
commissioner, will exercise authority over or direct the management
and policies of the Connecticut Lottery Corporation. Each applicant for
a Class I or III occupational license shall pay a nonrefundable
application fee of twenty dollars. Each applicant for a Class II or IV
occupational license shall pay a nonrefundable application fee of one
hundred dollars. The nonrefundable application fee shall accompany
the application for each such occupational license. Applicants for such
licenses shall apply in a form and manner prescribed by the
commissioner.
(g) Each applicant for a Class III or Class IV occupational license, and
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each employee of the corporation holding such a license on January 1,
2026, shall disclose, in a form and manner prescribed by the
commissioner, the forms of gaming under this chapter and chapter 229b
on which such applicant or such licensed employee will work as an
employee of the corporation. For an applicant approved for a Class III
or Class IV occupational license, or for an employee of the corporation
who currently holds such a license, the commissioner may issue a
separate endorsement authorizing such licensee to engage in the
corporation's operation, under chapter 229b, of Internet games or retail
sports wagering, as such terms are defined in section 12-850, and such
employee shall not be required to apply for a license pursuant to section
12-858 or section 12-859 in order to engage in such operation. All Class
III or Class IV occupational licensees shall report to the department any
criminal conviction not later than two business days after the order or
judgment of such conviction is rendered. The corporation and all Class
III or Class IV occupational licensees shall immediately report to the
department any change in the scope of employment of such licensee
employed by the corporation that would require the employee to obtain
an additional endorsement pursuant to this subsection.
[(f)] (h) No person or business organization may be a lottery sales
agent unless such person or organization is licensed as a lottery sales
agent by the commissioner.
[(g)] (i) In determining whether to grant a vendor, affiliate, lottery
sales agent or occupational license to any such person or business
organization, the commissioner may require an applicant to provide
information as to such applicant and person in charge related to: (1)
Financial standing and credit; (2) moral character; (3) criminal record, if
any; (4) previous employment; (5) corporate, partnership or association
affiliations; (6) ownership of personal assets; and (7) such other
information as the commissioner deems pertinent to the issuance of
such license, provided the submission of such other information will
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assure the integrity of the state lottery. The commissioner shall require
each applicant for a vendor, affiliate, lottery sales agent or occupational
license, provided if an applicant for a lottery sales agent is a business
organization the commissioner shall require such entity's person in
charge to submit to state and national criminal history records checks
and may require each such applicant, or person in charge, to submit to
an international criminal history records check before such license is
issued. The state and national criminal history records checks required
pursuant to this subsection shall be conducted in accordance with
section 29-17a. The commissioner shall issue a vendor, affiliate, lottery
sales agent or occupational license, as the case may be, to each applicant
who satisfies the requirements of this subsection and who is deemed
qualified by the commissioner. [The commissioner may reject for good
cause an application for a vendor, affiliate, lottery sales agent or
occupational license.]
[(h)] (j) Each vendor, affiliate or Class I or II occupational license shall
be effective for not more than one year from the date of issuance. Each
Class III or IV occupational license shall remain in effect throughout the
term of employment of any such employee holding such a license. The
commissioner may require each employee issued a Class IV
occupational license to submit information as to such employee's
financial standing and credit annually. Initial application for and
renewal of any such license shall be in such form and manner as the
commissioner shall prescribe.
[(i)] (k) (1) Upon petition of the corporation, a vendor licensee or an
affiliate licensee, the department may authorize an applicant for an
occupational license to provisionally perform the work permitted under
the license applied for, if: (A) The applicant has filed a completed
occupational license application in the form and manner required by the
commissioner, and (B) the corporation, vendor licensee or affiliate
licensee attests that the provisional authorization is necessary to
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continue the efficient operation of the lottery, and is based on
circumstances that are extraordinary and not designed to circumvent
the otherwise applicable licensing procedures.
(2) The department may issue a provisional authorization to an
applicant for an occupational license in advance of issuance or denial of
such license for a period not to exceed six months. Provisional
authorization shall permit such applicant to perform the functions and
require the applicant to comply with the requirements of the
occupational license applied for as set forth in the provisions of this
chapter and regulations adopted pursuant to this chapter. Provisional
authorization shall not constitute approval for an occupational license.
During the period of time that any provisional authorization is in effect,
the applicant granted such authorization shall be subject to and comply
with all applicable statutes and regulations. Any provisional
authorization issued by the department shall expire immediately upon
the earlier of: (A) The date of issuance of written notice from the
department that the occupational license has been approved or denied,
or (B) six months after the date the provisional authorization was issued.
(3) An individual whose occupational license application is denied
after a period of provisional authorization shall not reapply for an
occupational license for a period of one year from the date of the denial.
(4) An individual whose provisional authorization expires pursuant
to subparagraph (B) of subdivision (2) of this subsection may apply for
an additional provisional authorization. The department may issue such
additional provisional authorization upon a determination that the
conditions of subparagraph (B) of subdivision (1) of this subsection
exist.
[(j)] (l) When an incident occurs, or is reasonably suspected to have
occurred, that causes a disruption in the operation, security, accuracy,
integrity or availability of the lottery gaming system, the vendor
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licensed to provide such lottery gaming system shall, immediately upon
discovery of such incident, but not later than twenty-four hours after
discovery of such incident, provide the department with a written
incident report including the details of the incident and the vendor's
proposed corrections. Not later than five business days after notifying
the department of an incident, the vendor licensee shall provide the
department with a written incident report that (1) details the incident,
including the root cause of the incident, and (2) outlines the vendor's
plan to make corrections, mitigate the effects of the incident and prevent
incidents of a similar nature from occurring in the future. If the vendor
licensee is unable to determine the root cause and correct the incident
within the initial five business days, the licensee shall continue to
update the department every five business days with written incident
reports until the root cause is determined and the incident is corrected.
The department may require the vendor licensee to submit the lottery
gaming system to a gaming laboratory for recertification.
[(k)] (m) (1) [The] After a hearing held in accordance with chapter 54,
the commissioner may, for good cause, suspend, [or] revoke, [for good
cause] refuse to renew or place conditions on a vendor, affiliate, lottery
sales agent or occupational license, [after a hearing held before the
commissioner in accordance with chapter 54] deny an application for
any such license or impose a civil penalty on a vendor, affiliate, lottery
sales agent or occupational licensee for good cause, including, but not
limited to: (A) Any failure to comply with the provisions of this chapter,
chapter 226 or the regulations adopted pursuant to said chapters; (B)
any conduct likely to mislead, deceive or defraud the public or the
commissioner; (C) any provision of materially false or misleading
information; (D) any criminal conviction or civil judgment involving
fraud, theft or another financial crime; (E) any demonstrated insolvency,
including, but not limited to, the filing of a bankruptcy petition or any
failure to meet material financial obligations that directly impact the
licensee's ability to operate in compliance with the provisions of this
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chapter and chapter 226; or (F) any failure to complete an application.
The commissioner may order summary suspension of any such license
in accordance with subsection (c) of section 4-182.
(2) Any such applicant aggrieved by the action of the commissioner
concerning an application for a license, or any person or business
organization whose license is suspended or revoked, may appeal
pursuant to section 4-183.
(3) The commissioner may impose a civil penalty on any licensee for
a violation of any provision of this chapter or any regulation adopted
under section 12-568a in an amount not to exceed two thousand five
hundred dollars per violation after a hearing held in accordance with
chapter 54.
(4) No lottery sales agent shall keep any unauthorized gambling
device, illegitimate lottery ticket or illegal bookmaking equipment, or
allow any professional gambling, as defined in section 53-278a, at the
lottery sales agent's retail facility. In the event the department finds any
unauthorized gambling device, illegitimate lottery ticket, illegal
bookmaking equipment or professional gambling at a lottery sales
agent's retail facility, the lottery sales agent shall be fined not more than
four thousand dollars per violation, and the commissioner shall issue a
notice of violation to the lottery sales agent that (A) includes an order
summarily suspending the lottery sales agent license the commissioner
issued to the lottery sales agent, and (B) notifies the suspended lottery
sales agent that the suspended lottery sales agent (i) is liable for the fine
imposed pursuant to this subdivision, (ii) shall immediately cease all
activity that requires a lottery sales agent license, and (iii) may, not later
than fifteen days after the lottery sales agent receives such notice of
violation, submit to the commissioner a written request that a hearing
be held in accordance with the provisions of chapter 54 concerning such
summary suspension and fine. If the suspended lottery sales agent
requests a hearing within such fifteen-day period, the commissioner
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shall conduct a hearing in accordance with the provisions of chapter 54
concerning such summary suspension and fine. If the suspended lottery
sales agent does not request a hearing within such fifteen-day period,
the summary suspension order issued, and fine imposed, pursuant to
this subdivision shall be deemed a final decision subject to appeal
pursuant to section 4-183. A summary suspension order issued
pursuant to this subdivision shall remain in effect until the summary
suspension is lifted and all fines imposed pursuant to this subdivision
have been paid. The summary suspension may be lifted by a written
order issued by the commissioner or upon a final decision rendered
after a hearing held in accordance with the provisions of chapter 54.
[(l)] (n) The commissioner may require that the books and records of
any vendor or affiliate licensee be maintained in any manner which the
commissioner may deem best, and that any financial or other statements
based on such books and records be prepared in accordance with
generally accepted accounting principles in such form as the
commissioner shall prescribe. The commissioner or a designee may
visit, investigate and place expert accountants and such other persons
as deemed necessary in the offices or places of business of any such
licensee, or require that the books and records of any such licensee be
provided to the department, for the purpose of satisfying [himself or
herself] the commissioner that such licensee is in compliance with the
regulations [of] adopted by the department.
[(m)] (o) For the purposes of this section, (1) "business organization"
means a partnership, incorporated or unincorporated association, firm,
corporation, limited liability company, trust or other form of business
or legal entity; (2) "control" means the power to exercise authority over
or direct the management and policies of a licensee; and (3) "person"
means any individual.
[(n)] (p) The Commissioner of Consumer Protection may adopt such
regulations, in accordance with chapter 54, as are necessary to
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implement the provisions of this section.
Sec. 3. (NEW) (Effective July 1, 2025) (a) For purposes of this section:
(1) "House rules" means the terms and conditions for sports
wagering; and
(2) "Internal controls" means the written system of administrative and
accounting processes and procedures implemented or anticipated to be
implemented at a master wagering licensee or online gaming operator
that are designed to ensure compliance with chapter 229b of the general
statutes and the regulations promulgated thereunder, including, but not
limited to, (A) financial reporting, (B) effectiveness and security of
operations, (C) "know your customer" procedures, and (D) deterring
fraud and anti-money laundering.
(b) (1) (A) An online gaming operator may void any sports wagers
that the online gaming operator has accepted from patrons, without
obtaining prior approval from the department, if:
(i) The sporting event for which such wagers were accepted has been
cancelled, delayed for more than twenty-four hours beyond the
originally scheduled start time of such sporting event or transferred to
another venue;
(ii) Such wagers were accepted on sporting event players that take no
part in the sporting event;
(iii) Such wagers were accepted for an act, or set of acts, to be
performed during a sporting event and such act, or set of acts, does not
occur;
(iv) Such wagers were accepted based on a specific team qualifying
to participate in a post-season tournament and a reduction has been
made in the number of teams that are allowed to participate in such
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tournament; or
(v) Such wagers were accepted on a sporting event and (I) there has
been a change in the format of, or the number of participants scheduled
to participate in, a phase of the sporting event, or (II) a phase of the
sporting event is no longer scheduled to occur.
(B) For all sports wagers voided under subparagraph (A) of this
subdivision, the online gaming operator shall reflect such voidance in
the patrons' online gaming accounts and promptly credit the funds from
such voided wagers to such patrons' online gaming accounts.
(C) Each sports wagering retailer shall post and maintain a notice that
informs patrons how to determine whether a sports wager has been
voided subject to the house rules and how to receive a refund for a
voided sports wager. Such notice shall be (i) in a form and manner
approved by the commissioner, (ii) at least eight and one-half inches by
eleven inches in size, (iii) in at least twenty-point font, and (iv) posted
and maintained at any location in such sports wagering retailer's facility
or facilities where a patron may place a sports wager.
(2) An online gaming operator shall modify or void a sports wager
that the online gaming operator has accepted from a patron, without
obtaining prior approval from the department, if:
(A) The patron requests that the online gaming operator modify or
void such wager prior to the sporting event for which such wager was
accepted; and
(B) (i) The online gaming operator, or the electronic wagering
platform operated by the online gaming operator, erroneously
communicated the type, amount or parameters of such wager to the
patron, or (ii) an employee of a sports wagering retailer committed an
error in entering such wager into the electronic wagering platform
operated by the online gaming operator.
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(3) Each online gaming operator shall maintain a change log record
of all sports wagers that such online gaming operator voids or modifies
pursuant to subdivision (1) or (2) of this subsection. Such record shall be
maintained in a form and manner prescribed by the commissioner. For
each such wager, such record shall, at a minimum, include the following
information:
(A) The name of the affected patron, unless the wager was placed at
a retail sports wagering facility;
(B) The reason the online gaming operator voided or modified such
wager;
(C) The type of such wager, broken down by market;
(D) The sporting event associated with such wager and the date or
dates on which such sporting event occurred or was scheduled to occur;
and
(E) Any other information the commissioner, in the commissioner's
discretion, requires to properly identify and assess the impact of such
voided or modified wager.
(c) (1) If an online gaming operator may not void a specific sports
wager under subsection (b) of this section, the online gaming operator
may submit a written request to the department, in a form and manner
prescribed by the commissioner, to void such wager. Such request shall,
at a minimum, include the following information:
(A) The reason for such request;
(B) The name of each patron who would be affected by voiding such
wager, unless the wager was placed at a retail sports wagering facility;
(C) The sporting event associated with such wager and the date or
dates on which the sporting event occurred or was scheduled to occur;
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(D) The type of such wager;
(E) The total amount of such wager; and
(F) The online gaming operator's plan to contact the patrons who
would be affected by voiding such wager, unless such wager was placed
at a retail sports wagering facility.
(2) Upon receiving a written request submitted under subdivision (1)
of this subsection, the department may request, and the online gaming
operator shall disclose to the department, any additional information
the department requires in order to review such request and assess the
potential impact that granting such request would have on the affected
patrons and the integrity of gaming.
(3) No online gaming operator that submits a request to the
department under subdivision (1) of this subsection shall void any
sports wager that is the subject of the request unless the department has
issued a written notice to the online gaming operator, in a form and
manner prescribed by the commissioner, approving such request.
(d) (1) Not later than September 1, 2025, each online gaming operator
shall submit to the department, in a form and manner prescribed by the
commissioner, such online gaming operator's internal controls
concerning voiding sports wagers and allocating patron funds. The
department shall review such internal controls to ensure that such
internal controls (A) provide for affected patrons to be notified not later
than twenty-four hours after the department approves a request to void
any sports wager, regardless of whether such wager was placed online
or at a sports wagering retailer facility, (B) provide for the prompt return
of patron funds after the online gaming operator or sports wagering
retailer voids any sports wager, and (C) address any other matter the
commissioner, in the commissioner's discretion, determines is integral
to preserving the integrity of gaming. Not later than December 1, 2025,
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the department shall send notice to each online gaming operator
disclosing whether the department has approved or disapproved the
internal controls such online gaming operator submitted to the
department pursuant to this subdivision.
(2) If the department approves an online gaming operator's internal
controls pursuant to subdivision (1) of this subsection, the online
gaming operator shall include such internal controls in the online
gaming operator's house rules, and the online gaming operator shall
display such house rules in a clear and conspicuous location on the
electronic wagering platform operated by the online gaming operator.
Sec. 4. (NEW) (Effective July 1, 2026) (a) As used in this section:
(1) "Consumer" means an individual who is a resident of this state
and a user of a social media platform;
(2) "Cyberbullying" means any act, carried out on a social media
platform, that (A) is reasonably likely to (i) cause physical or emotional
harm to a consumer, or (ii) place a consumer in fear of physical or
emotional harm, or (B) infringes on any right afforded to a consumer
under the laws of this state or federal law;
(3) "Mental health services" has the same meaning as provided in
section 19a-498c of the general statutes;
(4) "Owner" means the person who owns a social media platform;
(5) "Person" means an individual, association, corporation, limited
liability company, partnership, trust or other legal entity; and
(6) "Social media platform" has the same meaning as provided in
section 42-528 of the general statutes, as amended by this act.
(b) Not later than October 1, 2026, each owner of a social media
platform shall incorporate an online safety center into the social media
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platform. Each online safety center shall, at a minimum, provide the
consumers who use such social media platform with:
(1) Resources for the purposes of (A) preventing cyberbullying on
such social media platform, and (B) enabling any consumer to identify
any means available to such consumer to obtain mental health services,
including, but not limited to, an Internet web site address or telephone
number where such consumer may obtain mental health services for the
treatment of an anxiety disorder or the prevention of suicide;
(2) Access to online behavioral health educational resources;
(3) An explanation of such social media platform's mechanism for
reporting harmful or unwanted behavior, including, but not limited to,
cyberbullying, on such social media platform; and
(4) Educational information concerning the impact that social media
platforms have on users' mental health.
(c) Not later than October 1, 2026, each owner of a social media
platform shall establish a cyberbullying policy for the social media
platform. Such policy shall, at a minimum, set forth the manner in which
such owner handles reports of cyberbullying on such social media
platform.
Sec. 5. Section 42-515 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2026):
As used in this section and sections 42-516 to 42-526, inclusive, as
amended by this act, unless the context otherwise requires:
(1) "Abortion" means terminating a pregnancy for any purpose other
than producing a live birth.
(2) "Affiliate" means a legal entity that shares common branding with
another legal entity or controls, is controlled by or is under common
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control with another legal entity. For the purposes of this subdivision,
"control" and "controlled" mean (A) ownership of, or the power to vote,
more than fifty per cent of the outstanding shares of any class of voting
security of a company, (B) control in any manner over the election of a
majority of the directors or of individuals exercising similar functions,
or (C) the power to exercise controlling influence over the management
of a company.
(3) "Authenticate" means to use reasonable means to determine that
a request to exercise any of the rights afforded under subdivisions (1) to
(4), inclusive, of subsection (a) of section 42-518, as amended by this act,
is being made by, or on behalf of, the consumer who is entitled to
exercise such consumer rights with respect to the personal data at issue.
(4)
"Biometric
data"
means
data
generated
by
automatic
measurements of an individual's biological characteristics, such as a
fingerprint, a voiceprint, eye retinas, irises or other unique biological
patterns or characteristics that are used to identify a specific individual.
"Biometric data" does not include (A) a digital or physical photograph,
(B) an audio or video recording, or (C) any data generated from a digital
or physical photograph, or an audio or video recording, unless such
data [is] are generated to identify a specific individual.
(5) "Business associate" has the same meaning as provided in HIPAA.
(6) "Child" has the same meaning as provided in COPPA.
(7) "Consent" means a clear affirmative act signifying a consumer's
freely given, specific, informed and unambiguous agreement to allow
the processing of personal data relating to the consumer. "Consent" may
include a written statement, including by electronic means, or any other
unambiguous affirmative action. "Consent" does not include (A)
acceptance of general or broad terms of use or a similar document that
contains descriptions of personal data processing along with other,
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unrelated information, (B) hovering over, muting, pausing or closing a
given piece of content, or (C) agreement obtained through the use of
dark patterns.
(8) "Consumer" means an individual who is a resident of this state.
"Consumer" does not include an individual acting in a commercial or
employment context or as an employee, owner, director, officer or
contractor of a company, partnership, sole proprietorship, nonprofit
organization or government agency whose communications or
transactions with the controller occur solely within the context of that
individual's role with the company, partnership, sole proprietorship,
nonprofit organization or government agency.
(9) "Consumer health data" means any personal data that a controller
uses to identify a consumer's physical or mental health condition, [or]
diagnosis or status, and includes, but is not limited to, gender-affirming
health data and reproductive or sexual health data.
(10) "Consumer health data controller" means any controller that,
alone or jointly with others, determines the purpose and means of
processing consumer health data.
(11) "Controller" means a person who, alone or jointly with others,
determines the purpose and means of processing personal data.
(12) "COPPA" means the Children's Online Privacy Protection Act of
1998, 15 USC 6501 et seq., and the regulations, rules, guidance and
exemptions adopted pursuant to said act, as said act and such
regulations, rules, guidance and exemptions may be amended from
time to time.
(13) "Covered entity" has the same meaning as provided in HIPAA.
(14) "Dark pattern" means a user interface designed or manipulated
with the substantial effect of subverting or impairing user autonomy,
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decision-making or choice, and includes, but is not limited to, any
practice the Federal Trade Commission refers to as a "dark pattern".
(15) ["Decisions that produce legal or similarly significant effects
concerning the consumer"] "Decision that produces any legal or
similarly significant effect" means [decisions] any decision made by the
controller, or on behalf of the controller, that [result] results in the
provision or denial by the controller of any financial or lending
[services,] service, any housing, any insurance, any education
enrollment or opportunity, any criminal justice, any employment
[opportunities,] opportunity or any health care [services or access to
essential goods or services] service.
(16) "De-identified data" means data that cannot reasonably be used
to infer information about, or otherwise be linked to, an identified or
identifiable individual, or a device linked to such individual, if the
controller that possesses such data (A) takes reasonable measures to
ensure that such data cannot be associated with an individual, (B)
publicly commits to process such data only in a de-identified fashion
and not attempt to re-identify such data, and (C) contractually obligates
any recipients of such data to satisfy the criteria set forth in
subparagraphs (A) and (B) of this subdivision.
(17) "Gender-affirming health care services" has the same meaning as
provided in section 52-571n.
(18) "Gender-affirming health data" means any personal data
concerning an effort made by a consumer to seek, or a consumer's
receipt of, gender-affirming health care services.
(19) "Geofence" means any technology that uses global positioning
coordinates, cell tower connectivity, cellular data, radio frequency
identification, wireless fidelity technology data or any other form of
location detection, or any combination of such coordinates, connectivity,
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data, identification or other form of location detection, to establish a
virtual boundary.
(20) "HIPAA" means the Health Insurance Portability and
Accountability Act of 1996, 42 USC 1320d et seq., as amended from time
to time.
(21) "Identified or identifiable individual" means an individual who
can be readily identified, directly or indirectly.
(22) "Institution of higher education" means any individual who, or
school, board, association, limited liability company or corporation that,
is licensed or accredited to offer one or more programs of higher
learning leading to one or more degrees.
(23) "Mental health facility" means any health care facility in which at
least seventy per cent of the health care services provided in such facility
are mental health services.
(24) "Neural data" means any information that is generated by
measuring the activity of an individual's central nervous system.
[(24)] (25) "Nonprofit organization" means any organization that is
exempt from taxation under Section 501(c)(3), 501(c)(4), 501(c)(6) or
501(c)(12) of the Internal Revenue Code of 1986, or any subsequent
corresponding internal revenue code of the United States, as amended
from time to time.
[(25)] (26) "Person" means an individual, association, company,
limited liability company, corporation, partnership, sole proprietorship,
trust or other legal entity.
[(26)] (27) "Personal data" means any information that is linked or
reasonably linkable to an identified or identifiable individual. "Personal
data" does not include de-identified data or publicly available
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information.
[(27)] (28) "Precise geolocation data" means information derived from
technology, including, but not limited to, global positioning system
level latitude and longitude coordinates or other mechanisms, that
directly identifies the specific location of an individual with precision
and accuracy within a radius of one thousand seven hundred fifty feet.
"Precise geolocation data" does not include the content of
communications or any data generated by or connected to advanced
utility metering infrastructure systems or equipment for use by a utility.
[(28)] (29) "Process" and "processing" mean any operation or set of
operations performed, whether by manual or automated means, on
personal data or on sets of personal data, such as the collection, use,
storage, disclosure, analysis, deletion or modification of personal data.
[(29)] (30) "Processor" means a person who processes personal data
on behalf of a controller.
[(30)] (31) "Profiling" means any form of automated processing
performed on personal data to evaluate, analyze or predict personal
aspects related to an identified or identifiable individual's economic
situation, health, personal preferences, interests, reliability, behavior,
location or movements.
[(31)] (32) "Protected health information" has the same meaning as
provided in HIPAA.
[(32)] (33) "Pseudonymous data" means personal data that cannot be
attributed to a specific individual without the use of additional
information, provided such additional information is kept separately
and is subject to appropriate technical and organizational measures to
ensure that the personal data [is] are not attributed to an identified or
identifiable individual.
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[(33)] (34) "Publicly available information" (A) means information
that [(A)] (i) is lawfully made available [through] from federal, state or
municipal government records, or [widely distributed media, and (B)]
(ii) a controller has a reasonable basis to believe (I) a consumer has
lawfully made available to the general public, or (II) has been lawfully
made available to the general public from widely distributed media, and
(B) does not include any biometric data that can be associated with a
specific consumer and were collected without the consumer's consent.
[(34)] (35) "Reproductive or sexual health care" means any health
care-related services or products rendered or provided concerning a
consumer's reproductive system or sexual well-being, including, but not
limited to, any such service or product rendered or provided concerning
(A) an individual health condition, status, disease, diagnosis, diagnostic
test or treatment, (B) a social, psychological, behavioral or medical
intervention, (C) a surgery or procedure, including, but not limited to,
an abortion, (D) a use or purchase of a medication, including, but not
limited to, a medication used or purchased for the purposes of an
abortion, (E) a bodily function, vital sign or symptom, (F) a
measurement of a bodily function, vital sign or symptom, or (G) an
abortion, including, but not limited to, medical or nonmedical services,
products, diagnostics, counseling or follow-up services for an abortion.
[(35)] (36) "Reproductive or sexual health data" means any personal
data concerning an effort made by a consumer to seek, or a consumer's
receipt of, reproductive or sexual health care.
[(36)] (37) "Reproductive or sexual health facility" means any health
care facility in which at least seventy per cent of the health care-related
services or products rendered or provided in such facility are
reproductive or sexual health care.
[(37)] (38) "Sale of personal data" means the exchange of personal data
for monetary or other valuable consideration by the controller to a third
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party. "Sale of personal data" does not include (A) the disclosure of
personal data to a processor that processes the personal data on behalf
of the controller, (B) the disclosure of personal data to a third party for
purposes of providing a product or service requested by the consumer,
(C) the disclosure or transfer of personal data to an affiliate of the
controller, (D) the disclosure of personal data where the consumer
directs the controller to disclose the personal data or intentionally uses
the controller to interact with a third party, (E) the disclosure of personal
data that the consumer (i) intentionally made available to the general
public via a channel of mass media, and (ii) did not restrict to a specific
audience, or (F) the disclosure or transfer of personal data to a third
party as an asset that is part of a merger, acquisition, bankruptcy or
other transaction, or a proposed merger, acquisition, bankruptcy or
other transaction, in which the third party assumes control of all or part
of the controller's assets.
[(38)] (39) "Sensitive data" means personal data that includes (A) data
revealing (i) racial or ethnic origin, (ii) religious beliefs, (iii) a mental or
physical health condition, [or] diagnosis, disability or treatment, (iv) sex
life, sexual orientation or status as nonbinary or transgender, or (v)
citizenship or immigration status, (B) consumer health data, (C) [the
processing of] genetic or biometric data [for the purpose of uniquely
identifying an individual] or information derived therefrom, (D)
personal data collected from [a known] an individual the controller has
actual knowledge, or wilfully disregards, is a child, (E) data concerning
an individual's status as a victim of crime, as defined in section 1-1k, [or]
(F) precise geolocation data, (G) neural data, (H) a consumer's financial
account number, financial account log-in information or credit card or
debit card number that, in combination with any required access or
security code, password or credential, would allow access to a
consumer's financial account, or (I) government-issued identification
number, including, but not limited to, Social Security number, passport
number, state identification card number or driver's license number,
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that applicable law does not require to be publicly displayed.
[(39)] (40) "Targeted advertising" means displaying advertisements to
a consumer where the advertisement is selected based on personal data
obtained or inferred from that consumer's activities over time and across
nonaffiliated Internet web sites or online applications to predict such
consumer's preferences or interests. "Targeted advertising" does not
include (A) advertisements based on activities within a controller's own
Internet web sites or online applications, (B) advertisements based on
the context of a consumer's current search query, visit to an Internet web
site or online application, (C) advertisements directed to a consumer in
response to the consumer's request for information or feedback, or (D)
processing personal data solely to measure or report advertising
frequency, performance or reach.
[(40)] (41) "Third party" means a person, such as a public authority,
agency or body, other than the consumer, controller or processor or an
affiliate of the processor or the controller.
[(41)] (42) "Trade secret" has the same meaning as provided in section
35-51.
Sec. 6. Section 42-516 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2026):
The provisions of sections 42-515 to 42-525, inclusive, as amended by
this act, apply to persons that: [conduct] (1) Conduct business in this
state, or [persons that] produce products or services that are targeted to
residents of this state, and [that] during the preceding calendar year [:
(1) Controlled] controlled or processed the personal data of not [less]
fewer than [one hundred thousand] thirty-five thousand consumers,
excluding personal data controlled or processed solely for the purpose
of completing a payment transaction; [or (2) controlled or processed the
personal data of not less than twenty-five thousand consumers and
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derived more than twenty-five per cent of their gross revenue from the
sale of personal data] (2) control or process consumers' sensitive data,
excluding personal data controlled or processed solely for the purposes
of completing a payment transaction; or (3) offer consumers' personal
data for sale in trade or commerce.
Sec. 7. Subsections (a) and (b) of section 42-517 of the general statutes
are repealed and the following is substituted in lieu thereof (Effective July
1, 2026):
(a) The provisions of sections 42-515 to 42-525, inclusive, as amended
by this act, do not apply to any: (1) Body, authority, board, bureau,
commission, district or agency of this state or of any political
subdivision of this state; (2) person who has entered into a contract with
any body, authority, board, bureau, commission, district or agency
described in subdivision (1) of this subsection while such person is
processing consumer health data on behalf of such body, authority,
board, bureau, commission, district or agency pursuant to such contract;
(3) nonprofit organization; (4) candidate committee, national committee,
party committee or political committee, as such terms are defined in
section 9-601; (5) institution of higher education; [(5)] (6) national
securities association that is registered under 15 USC 78o-3 of the
Securities Exchange Act of 1934, as amended from time to time; [(6)
financial institution or data subject to Title V of the Gramm-Leach-Bliley
Act, 15 USC 6801 et seq.;] (7) covered entity or business associate, as
defined in 45 CFR 160.103; (8) tribal nation government organization;
[or] (9) air carrier, as defined in 49 USC 40102, as amended from time to
time, and regulated under the Federal Aviation Act of 1958, 49 USC
40101 et seq., and the Airline Deregulation Act of 1978, 49 USC 41713, as
said acts may be amended from time to time; (10) insurer, as defined in
section 38a-1, or its affiliate, fraternal benefit society, within the meaning
of section 38a-595, health carrier, as defined in section 38a-591a,
insurance-support organization, as defined in section 38a-976, or
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insurance agent or insurance producer, as such terms are defined in
section 38a-702a; (11) bank, Connecticut credit union, federal credit
union, out-of-state bank or out-of-state credit union, or any affiliate or
subsidiary thereof, as such terms are defined in section 36a-2, that (A) is
only and directly engaged in financial activities as described in 12 USC
1843(k), (B) is regulated and examined by the Department of Banking or
an applicable federal bank regulatory agency, and (C) has established a
program to comply with all applicable requirements established by the
Banking Commissioner or the applicable federal bank regulatory
agency concerning personal data; or (12) agent, broker-dealer,
investment adviser or investment adviser agent, as such terms are
defined in section 36b-3, who is regulated by the Department of Banking
or the Securities and Exchange Commission.
(b) The following information and data [is] are exempt from the
provisions of sections 42-515 to 42-526, inclusive, as amended by this
act: (1) Protected health information under HIPAA; (2) patient-
identifying information for purposes of 42 USC 290dd-2; (3) identifiable
private information for purposes of the federal policy for the protection
of human subjects under 45 CFR 46; (4) identifiable private information
that is otherwise information collected as part of human subjects
research pursuant to the good clinical practice guidelines issued by the
International Council for Harmonization of Technical Requirements for
Pharmaceuticals for Human Use; (5) personal data for purposes of the
protection of human subjects under 21 CFR Parts 6, 50 and 56, or
personal data used or shared in research, as defined in 45 CFR 164.501,
that is conducted in accordance with the standards set forth in this
subdivision and subdivisions (3) and (4) of this subsection, or other
research conducted in accordance with applicable law; (6) information
and documents created for purposes of the Health Care Quality
Improvement Act of 1986, 42 USC 11101 et seq.; (7) patient safety work
product for purposes of section 19a-127o and the Patient Safety and
Quality Improvement Act, 42 USC 299b-21 et seq., as amended from
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time to time; (8) information derived from any of the health care-related
information listed in this subsection that is de-identified in accordance
with the requirements for de-identification pursuant to HIPAA; (9)
information originating from and intermingled to be indistinguishable
with, or information treated in the same manner as, information exempt
under this subsection that is maintained by a covered entity or business
associate, program or qualified service organization, as specified in 42
USC 290dd-2, as amended from time to time; (10) information used for
public health activities and purposes as authorized by HIPAA,
community health activities and population health activities; (11) the
collection, maintenance, disclosure, sale, communication or use of any
personal information bearing on a consumer's credit worthiness, credit
standing, credit capacity, character, general reputation, personal
characteristics or mode of living by a consumer reporting agency,
furnisher or user that provides information for use in a consumer report,
and by a user of a consumer report, but only to the extent that such
activity is regulated by and authorized under the Fair Credit Reporting
Act, 15 USC 1681 et seq., as amended from time to time; (12) personal
data collected, processed, sold or disclosed in compliance with the
Driver's Privacy Protection Act of 1994, 18 USC 2721 et seq., as amended
from time to time; (13) personal data regulated by the Family
Educational Rights and Privacy Act, 20 USC 1232g et seq., as amended
from time to time; (14) personal data collected, processed, sold or
disclosed in compliance with the Farm Credit Act, 12 USC 2001 et seq.,
as amended from time to time; (15) data processed or maintained (A) in
the course of an individual applying to, employed by or acting as an
agent or independent contractor of a controller, processor, consumer
health data controller or third party, to the extent that the data [is] are
collected and used within the context of that role, (B) as the emergency
contact information of an individual under sections 42-515 to 42-526,
inclusive, as amended by this act, used for emergency contact purposes,
or (C) that [is] are necessary to retain to administer benefits for another
individual relating to the individual who is the subject of the
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information under subdivision (1) of this subsection and used for the
purposes of administering such benefits; [and] (16) personal data
collected, processed, sold or disclosed in relation to price, route or
service, as such terms are used in the Federal Aviation Act of 1958, 49
USC 40101 et seq., and the Airline Deregulation Act of 1978, 49 USC
41713, as said acts may be amended from time to time; (17) data subject
to Title V of the Gramm-Leach-Bliley Act, 15 USC 6801 et seq., as
amended from time to time; and (18) information included in a limited
data set, as described in 45 CFR 164.514(e), as amended from time to
time, to the extent such information is used, disclosed and maintained
in the manner specified in 45 CFR 164.514(e), as amended from time to
time.
Sec. 8. Section 42-518 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2026):
(a) A consumer shall have the right to: (1) Confirm whether or not a
controller is processing the consumer's personal data and access such
personal data, including, but not limited to, any inferences about the
consumer derived from such personal data and whether a controller or
processor is processing a consumer's personal data for the purposes of
profiling to make a decision that produces any legal or similarly
significant effect concerning a consumer, unless such confirmation or
access would require the controller to reveal a trade secret or the
controller is prohibited from disclosing such personal data under
subsection (e) of this section; (2) correct inaccuracies in the consumer's
personal data, taking into account the nature of the personal data and
the purposes of the processing of the consumer's personal data; (3)
delete personal data provided by, or obtained about, the consumer; (4)
obtain a copy of the consumer's personal data processed by the
controller, in a portable and, to the extent technically feasible, readily
usable format that allows the consumer to transmit the data to another
controller without hindrance, where the processing is carried out by
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automated means, provided such controller shall not be required to
reveal any trade secret; [and] (5) opt out of the processing of the personal
data for purposes of (A) targeted advertising, (B) the sale of personal
data, except as provided in subdivision (2) of subsection [(b)] (a) of
section 42-520, as amended by this act, or (C) profiling in furtherance of
[solely] any automated [decisions that produce] decision that produces
any legal or similarly significant [effects] effect concerning the
consumer; (6) if the consumer's personal data were processed for the
purposes of profiling in furtherance of any automated decision that
produced any legal or similarly significant effect concerning the
consumer, and if feasible, (A) question the result of such profiling, (B)
be informed of the reason that such profiling resulted in such decision,
(C) review the consumer's personal data that were processed for the
purposes of such profiling, and (D) if the profiling decision concerned
housing, taking into account the nature of the personal data and the
purposes for which such personal data were processed, allow the
consumer to correct any incorrect personal data that were processed for
the purposes of such profiling and have the profiling decision
reevaluated based on the corrected personal data; and (7) obtain from
the controller a list of the third parties to which such controller has sold
the consumer's personal data or, if such controller does not maintain a
list of the third parties to which such controller has sold the consumer's
personal data, a list of all third parties to which such controller has sold
personal data, provided the controller shall not be required to reveal any
trade secret.
(b) A consumer may exercise rights under this section by a secure and
reliable means established by the controller and described to the
consumer in the controller's privacy notice. A consumer may designate
an authorized agent in accordance with section 42-519 to exercise the
rights of such consumer to opt out of the processing of such consumer's
personal data for purposes of subdivision (5) of subsection (a) of this
section on behalf of the consumer. In the case of processing personal
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data of a [known] consumer who the controller has actual knowledge,
or wilfully disregards, is a child, the parent or legal guardian may
exercise such consumer rights on the child's behalf. In the case of
processing personal data concerning a consumer subject to a
guardianship, conservatorship or other protective arrangement, the
guardian or the conservator of the consumer may exercise such rights
on the consumer's behalf.
(c) Except as otherwise provided in sections 42-515 to 42-525,
inclusive, as amended by this act, a controller shall comply with a
request by a consumer to exercise the consumer rights authorized
pursuant to said sections as follows:
(1) A controller shall respond to the consumer without undue delay,
but not later than forty-five days after receipt of the request. The
controller may extend the response period by forty-five additional days
when reasonably necessary, considering the complexity and number of
the consumer's requests, provided the controller informs the consumer
of any such extension within the initial forty-five-day response period
and of the reason for the extension.
(2) If a controller declines to take action regarding the consumer's
request, the controller shall inform the consumer without undue delay,
but not later than forty-five days after receipt of the request, of the
justification for declining to take action and instructions for how to
appeal the decision.
(3) Information provided in response to a consumer request shall be
provided by a controller, free of charge, once per consumer during any
twelve-month period. If requests from a consumer are manifestly
unfounded, excessive or repetitive, the controller may charge the
consumer a reasonable fee to cover the administrative costs of
complying with the request or decline to act on the request. The
controller bears the burden of demonstrating the manifestly unfounded,
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excessive or repetitive nature of the request.
(4) If a controller is unable to authenticate a request to exercise any of
the rights afforded under subdivisions (1) to (4), inclusive, of subsection
(a) of this section or subdivision (6) of said subsection using
commercially reasonable efforts, the controller shall not be required to
comply with a request to initiate an action pursuant to this section and
shall provide notice to the consumer that the controller is unable to
authenticate the request to exercise such right or rights until such
consumer provides additional information reasonably necessary to
authenticate such consumer and such consumer's request to exercise
such right or rights. A controller shall not be required to authenticate an
opt-out request, but a controller may deny an opt-out request if the
controller has a good faith, reasonable and documented belief that such
request is fraudulent. If a controller denies an opt-out request because
the controller believes such request is fraudulent, the controller shall
send a notice to the person who made such request disclosing that such
controller believes such request is fraudulent, why such controller
believes such request is fraudulent and that such controller shall not
comply with such request.
(5) A controller that has obtained personal data about a consumer
from a source other than the consumer shall be deemed in compliance
with a consumer's request to delete such data pursuant to subdivision
(3) of subsection (a) of this section by (A) retaining a record of the
deletion request and the minimum data necessary for the purpose of
ensuring the consumer's personal data remains deleted from the
controller's records and not using such retained data for any other
purpose pursuant to the provisions of sections 42-515 to 42-525,
inclusive, as amended by this act, or (B) opting the consumer out of the
processing of such personal data for any purpose except for those
exempted pursuant to the provisions of sections 42-515 to 42-525,
inclusive, as amended by this act.
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(d) A controller shall establish a process for a consumer to appeal the
controller's refusal to take action on a request within a reasonable period
of time after the consumer's receipt of the decision. The appeal process
shall be conspicuously available and similar to the process for
submitting requests to initiate action pursuant to this section. Not later
than sixty days after receipt of an appeal, a controller shall inform the
consumer in writing of any action taken or not taken in response to the
appeal, including a written explanation of the reasons for the decisions.
If the appeal is denied, the controller shall also provide the consumer
with an online mechanism, if available, or other method through which
the consumer may contact the Attorney General to submit a complaint.
(e) A controller shall not disclose the following personal data in
response to a request to exercise the consumer's rights under
subdivision (1) of subsection (a) of this section, and shall instead inform
the consumer or the person exercising such right on behalf of the
consumer, with sufficient particularity, that the controller has collected
such personal data: (1) The consumer's Social Security number; (2) the
consumer's driver's license number, state identification card number or
other government-issued identification number; (3) the consumer's
financial account number; (4) the consumer's health insurance
identification number or medical identification number; (5) the
consumer's account password; (6) the consumer's security question or
answer thereto; or (7) the consumer's biometric data.
Sec. 9. Section 42-520 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2026):
(a) (1) A controller shall: [(1)] (A) Limit the collection of personal data
to what is [adequate, relevant and] reasonably necessary and
proportionate in relation to the purposes for which such data [is] are
processed, as disclosed to the consumer; [(2) except as otherwise
provided in sections 42-515 to 42-525, inclusive] (B) unless the controller
obtains the consumer's consent, not process the consumer's personal
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data for [purposes] any material new purpose that [are] is neither
reasonably necessary to, nor compatible with, the [disclosed] purposes
[for which such personal data is processed, as] that were disclosed to the
consumer, [unless the controller obtains the consumer's consent; (3)]
pursuant to subparagraph (A) of this subdivision, taking into account
(i) the consumer's reasonable expectation regarding such personal data
at the time such personal data were collected based on the purposes that
were disclosed to the consumer pursuant to subparagraph (A) of this
subdivision, (ii) the relationship that such new purpose bears to the
purposes that were disclosed to the consumer pursuant to
subparagraph (A) of this subdivision, (iii) the impact that processing
such personal data for such new purpose might have on the consumer,
(iv) the relationship between the consumer and the controller and the
context in which the personal data were collected, and (v) the existence
of additional safeguards, including, but not limited to, encryption or
pseudonymization, in processing such personal data for such new
purpose;
(C)
establish,
implement
and
maintain
reasonable
administrative, technical and physical data security practices to protect
the confidentiality, integrity and accessibility of personal data
appropriate to the volume and nature of the personal data at issue; [(4)]
(D) not process sensitive data concerning a consumer unless such
processing is reasonably necessary in relation to the purposes for which
such sensitive data are processed and without obtaining the consumer's
consent, or, in the case of the processing of sensitive data concerning a
[known] consumer who the controller has actual knowledge, or wilfully
disregards, is a child, without processing such data in accordance with
COPPA; [(5)] (E) not process personal data in violation of [the laws] any
law of this state [and federal laws that prohibit] that prohibits unlawful
discrimination against consumers, and any evidence, or lack of
evidence, concerning proactive anti-bias testing or any similar proactive
effort to avoid processing such data in violation of such law, including,
but not limited to, any evidence or lack of evidence concerning the
quality, efficacy, recency and scope of any such testing or effort, the
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results of such testing or effort and the response to the results of such
testing or effort, shall be relevant to any claim available for a violation
of such law and any defense available thereto; (F) not process personal
data in violation of any federal law that prohibits unlawful
discrimination against consumers; [(6)] (G) provide an effective
mechanism for a consumer to revoke the consumer's consent under this
section that is at least as easy as the mechanism by which the consumer
provided the consumer's consent and, upon revocation of such consent,
cease to process the data as soon as practicable, but not later than fifteen
days after the receipt of such request; (H) not sell the sensitive data of a
consumer without the consumer's consent; and [(7)] (I) not process the
personal data of a consumer for purposes of targeted advertising, or sell
the consumer's personal data, [without the consumer's consent,] under
circumstances where a controller has actual knowledge, or wilfully
disregards, that the consumer is at least thirteen years of age but
younger than [sixteen] eighteen years of age. A controller shall not
discriminate against a consumer for exercising any of the consumer
rights contained in sections 42-515 to 42-525, inclusive, as amended by
this act, including denying goods or services, charging different prices
or rates for goods or services or providing a different level of quality of
goods or services to the consumer.
[(b)] (2) Nothing in subdivision (1) of this subsection [(a) of this
section] shall be construed to require a controller to provide a product
or service that requires the personal data of a consumer which the
controller does not collect or maintain, or prohibit a controller from
offering a different price, rate, level, quality or selection of goods or
services to a consumer, including offering goods or services for no fee,
if the offering is in connection with a consumer's voluntary participation
in a bona fide loyalty, rewards, premium features, discounts or club card
program.
[(c)] (b) (1) A controller shall provide consumers with a reasonably
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accessible, clear and meaningful privacy notice that includes: [(1)] (A)
The categories of personal data processed by the controller; [(2)] (B) the
purpose for processing personal data; [(3) how consumers may exercise
their consumer rights, including how a consumer may appeal a
controller's decision] (C) a description of the means, established
pursuant to subsection (c) of this section, for consumers to submit
requests to exercise their consumer rights pursuant to sections 42-515 to
42-525, inclusive, as amended by this act, including, but not limited to,
a description of (i) how consumers may exercise their consumer rights
under subsection (a) of section 42-518, as amended by this act, and (ii)
how consumers may appeal controllers' decisions with regard to [the
consumer's request; (4)] requests to exercise such rights; (D) the
categories of personal data that the controller [shares with] sells to third
parties, if any; [(5)] (E) the categories of third parties, if any, [with] to
which the controller [shares] sells personal data; [and (6)] (F) a clear and
conspicuous disclosure of (i) any processing of personal data for
purposes of targeted advertising, or (ii) any sale of personal data to a
third party for purposes of targeted advertising; (G) an active electronic
mail address or other online mechanism that [the consumer] consumers
may use to contact the controller; (H) a statement disclosing whether the
controller collects, uses or sells personal data for the purpose of training
large language models; and (I) the most recent month and year during
which the controller updated such privacy notice.
(2) A controller shall make the privacy notice required under
subdivision (1) of this subsection publicly available: (A) Through a
conspicuous hyperlink that includes the word "privacy" (i) on the home
page of the controller's Internet web site, if the controller maintains an
Internet web site, (ii) on the application store page or download page of
a mobile device, if the controller maintains an application for use on a
mobile device, and (iii) on the application's settings menu or in a
similarly conspicuous and accessible location, if the controller maintains
an application for use on a mobile device or other device used to connect
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to the Internet; (B) through a medium in which the controller regularly
interacts with consumers, including, but not limited to, mail, if the
controller does not maintain an Internet web site; (C) in each language
in which the controller (i) provides any product or service that is subject
to the privacy notice, or (ii) carries out any activity that is related to any
product or service described in subparagraph (C)(i) of this subdivision;
and (D) in a manner that is reasonably accessible to, and usable by,
individuals with disabilities.
(3) Whenever a controller makes any retroactive material change to
the controller's privacy notice or practices, the controller shall: (A)
Notify the consumers affected by such material change with respect to
any personal data to be collected after the effective date of such material
change; and (B) provide a reasonable opportunity for the consumers
described in subparagraph (A) of this subdivision to withdraw consent
to any further and materially different collection, processing or transfer
of previously collected personal data following such material change.
The controller shall take all reasonable electronic measures to provide
such notice to such affected consumers, taking into account the
technology available to the controller and the nature of the controller's
relationship with such affected consumers.
(4) Nothing in this subsection shall be construed to require a
controller to provide a privacy notice that is specific to this state if the
controller provides a generally applicable privacy notice that satisfies
the requirements established in this subsection.
[(d) If a controller sells personal data to third parties or processes
personal data for targeted advertising, the controller shall clearly and
conspicuously disclose such processing, as well as the manner in which
a consumer may exercise the right to opt out of such processing.]
[(e)] (c) (1) A controller shall establish [, and shall describe in a
privacy notice,] one or more secure and reliable means for consumers to
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submit a request to exercise their consumer rights pursuant to sections
42-515 to 42-525, inclusive, as amended by this act. Such means shall
take into account the ways in which consumers normally interact with
the controller, the need for secure and reliable communication of such
requests and the ability of the controller to verify the identity of the
consumer making the request. A controller shall not require a consumer
to create a new account in order to exercise consumer rights, but may
require a consumer to use an existing account. Any such means shall
include:
(A) (i) Providing a clear and conspicuous [link] hyperlink on the
controller's Internet web site to an Internet web page that enables [a] the
consumer, or an agent of the consumer, to opt out of the processing of
the consumer's personal data for purposes of targeted advertising, or
any sale of the consumer's personal data; and
(ii) [Not later than January 1, 2025, allowing] Allowing a consumer to
opt out of any processing of the consumer's personal data for the
purposes of targeted advertising, or any sale of such personal data,
through an opt-out preference signal sent, with such consumer's
consent, by a platform, technology or mechanism to the controller
indicating such consumer's intent to opt out of any such processing or
sale. Such platform, technology or mechanism shall:
(I) Not unfairly disadvantage another controller;
(II) Not make use of a default setting, but, rather, require the
consumer to make an affirmative, freely given and unambiguous choice
to opt out of any processing of such consumer's personal data pursuant
to sections 42-515 to 42-525, inclusive, as amended by this act;
(III) Be consumer-friendly and easy to use by the average consumer;
(IV) Be as consistent as possible with any other similar platform,
technology or mechanism required by any federal or state law or
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regulation; and
(V) Enable the controller to accurately determine whether the
consumer is a resident of this state and whether the consumer has made
a legitimate request to opt out of any sale of such consumer's personal
data or targeted advertising.
(B) If a consumer's decision to opt out of any processing of the
consumer's personal data for the purposes of targeted advertising, or
any sale of such personal data, through an opt-out preference signal sent
in accordance with the provisions of subparagraph (A) of this
subdivision conflicts with the consumer's existing controller-specific
privacy setting or voluntary participation in a controller's bona fide
loyalty, rewards, premium features, discounts or club card program, the
controller shall comply with such consumer's opt-out preference signal
but may notify such consumer of such conflict and provide to such
consumer the choice to confirm such controller-specific privacy setting
or participation in such program.
(2) If a controller responds to consumer opt‐out requests received
pursuant to subparagraph (A) of subdivision (1) of this subsection by
informing the consumer of a charge for the use of any product or service,
the controller shall present the terms of any financial incentive offered
pursuant to subdivision (2) of subsection [(b)] (a) of this section for the
retention, use, sale or sharing of the consumer's personal data.
Sec. 10. Section 42-521 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2026):
(a) A processor shall adhere to the instructions of a controller and
shall assist the controller in meeting the controller's obligations under
sections 42-515 to 42-525, inclusive, as amended by this act. Such
assistance shall include: (1) Taking into account the nature of processing
and [the information available to the processor, by appropriate technical
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and organizational measures,] insofar as is [reasonably practicable]
possible, to fulfill the controller's obligation to respond to [consumer
rights requests] consumers' requests to exercise their rights under
section 42-518, as amended by this act; (2) taking into account the nature
of processing and the information available to the processor, by
assisting the controller in meeting the controller's obligations in relation
to the security of processing the personal data and in relation to the
notification of a breach of security, as defined in section 36a-701b, of the
system of the processor, in order to meet the controller's obligations; and
(3) providing necessary information to enable the controller to conduct
and document data protection assessments and impact assessments.
(b) A contract between a controller and a processor shall govern the
processor's data processing procedures with respect to processing
performed on behalf of the controller. The contract shall be binding and
clearly set forth instructions for processing data, the nature and purpose
of processing, the type of data subject to processing, the duration of
processing and the rights and obligations of both parties. The contract
shall also require that the processor: (1) Ensure that each person
processing personal data is subject to a duty of confidentiality with
respect to the data; (2) at the controller's direction, delete or return all
personal data to the controller as requested at the end of the provision
of services, unless retention of the personal data is required by law; (3)
upon the reasonable request of the controller, make available to the
controller all information in its possession necessary to demonstrate the
processor's compliance with the obligations in sections 42-515 to 42-525,
inclusive, as amended by this act; (4) after providing the controller an
opportunity to object, engage any subcontractor pursuant to a written
contract that requires the subcontractor to meet the obligations of the
processor with respect to the personal data; and (5) allow, and cooperate
with, reasonable assessments by the controller or the controller's
designated assessor, or the processor may arrange for a qualified and
independent assessor to conduct an assessment of the processor's
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policies and technical and organizational measures in support of the
obligations under sections 42-515 to 42-525, inclusive, as amended by
this act, using an appropriate and accepted control standard or
framework and assessment procedure for such assessments. The
processor shall provide a report of such assessment to the controller
upon request.
(c) Nothing in this section shall be construed to relieve a controller or
processor from the liabilities imposed on the controller or processor by
virtue of such controller's or processor's role in the processing
relationship, as described in sections 42-515 to 42-525, inclusive, as
amended by this act.
(d) Determining whether a person is acting as a controller or
processor with respect to a specific processing of data is a fact-based
determination that depends upon the context in which personal data [is]
are to be processed. A person who is not limited in such person's
processing of personal data pursuant to a controller's instructions, or
who fails to adhere to such instructions, is a controller and not a
processor with respect to a specific processing of data. A processor that
continues to adhere to a controller's instructions with respect to a
specific processing of personal data remains a processor. If a processor
begins, alone or jointly with others, determining the purposes and
means of the processing of personal data, the processor is a controller
with respect to such processing and may be subject to an enforcement
action under section 42-525.
Sec. 11. Section 42-522 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2026):
(a) For the purposes of this section, processing that presents a
heightened risk of harm to a consumer includes: (1) The processing of
personal data for the purposes of targeted advertising; (2) the sale of
personal data; (3) the processing of personal data for the purposes of
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profiling, where such profiling presents a reasonably foreseeable risk of
(A) unfair or deceptive treatment of, or unlawful disparate impact on,
consumers, (B) financial, physical or reputational injury to consumers,
(C) a physical or other intrusion upon the solitude or seclusion, or the
private affairs or concerns, of consumers, where such intrusion would
be offensive to a reasonable person, or (D) other substantial injury to
consumers; and (4) the processing of sensitive data.
[(a)] (b) (1) A controller shall conduct and document a data protection
assessment for each of the controller's processing activities that presents
a heightened risk of harm to a consumer. [For the purposes of this
section, processing that presents a heightened risk of harm to a
consumer includes: (1) The processing of personal data for the purposes
of targeted advertising; (2) the sale of personal data; (3) the processing
of personal data for the purposes of profiling, where such profiling
presents a reasonably foreseeable risk of (A) unfair or deceptive
treatment of, or unlawful disparate impact on, consumers, (B) financial,
physical or reputational injury to consumers, (C) a physical or other
intrusion upon the solitude or seclusion, or the private affairs or
concerns, of consumers, where such intrusion would be offensive to a
reasonable person, or (D) other substantial injury to consumers; and (4)
the processing of sensitive data.]
[(b) Data protection assessments] (2) Each data protection assessment
conducted pursuant to subdivision (1) of this subsection [(a) of this
section] shall identify and weigh the benefits that may flow, directly and
indirectly, from the processing to the controller, the consumer, other
stakeholders and the public against the potential risks to the rights of
the consumer associated with such processing, as mitigated by
safeguards that can be employed by the controller to reduce such risks.
The controller shall factor into [any] each such data protection
assessment the use of de-identified data and the reasonable expectations
of consumers, as well as the context of the processing and the
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relationship between the controller and the consumer whose personal
data will be processed.
(c) Each controller that engages in any profiling for the purposes of
making a decision that produces any legal or similarly significant effect
concerning a consumer shall conduct an impact assessment for such
profiling. Such impact assessment shall include, to the extent reasonably
known by or available to the controller, as applicable: (1) A statement
by the controller disclosing the purpose, intended use cases and
deployment context of, and benefits afforded by, such profiling; (2) an
analysis of whether such profiling poses any known or reasonably
foreseeable heightened risk of harm to a consumer, and, if so, (A) the
nature of such heightened risk of harm to a consumer, and (B) the steps
that have been taken to mitigate such heightened risk of harm to a
consumer; (3) a description of (A) the main categories of personal data
processed as inputs for the purposes of such profiling, and (B) the
outputs such profiling produces; (4) an overview of the main categories
of personal data the controller used to customize such profiling, if the
controller used data to customize such profiling; (5) any metrics used to
evaluate the performance and known limitations of such profiling; (6) a
description of any transparency measures taken concerning such
profiling, including, but not limited to, any measures taken to disclose
to consumers that such controller is engaged in such profiling while
such controller is engaged in such profiling; and (7) a description of the
post-deployment monitoring and user safeguards provided concerning
such profiling, including, but not limited to, the oversight, use and
learning processes established by the controller to address issues arising
from such profiling.
[(c)] (d) The Attorney General may require that a controller disclose
any data protection assessment or impact assessment that is relevant to
an investigation conducted by the Attorney General, and the controller
shall make the data protection assessment or impact assessment
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available to the Attorney General. The Attorney General may evaluate
the data protection assessment or impact assessment for compliance
with the responsibilities set forth in sections 42-515 to 42-525, inclusive,
as amended by this act. Data protection assessments and impact
assessments shall be confidential and shall be exempt from disclosure
under the Freedom of Information Act, as defined in section 1-200. To
the extent any information contained in a data protection assessment or
impact assessment disclosed to the Attorney General includes
information subject to attorney-client privilege or work product
protection, such disclosure shall not constitute a waiver of such
privilege or protection.
[(d)] (e) A single data protection assessment or impact assessment
may address a comparable set of processing operations that include
similar activities.
[(e)] (f) If a controller conducts a data protection assessment or impact
assessment for the purpose of complying with another applicable law
or regulation, the data protection assessment or impact assessment shall
be deemed to satisfy the requirements established in this section if such
data protection assessment or impact assessment is reasonably similar
in scope and effect to the data protection assessment or impact
assessment that would otherwise be conducted pursuant to this section.
[(f)] (g) (1) Data protection assessment requirements shall apply to
processing activities created or generated after July 1, 2023, and are not
retroactive.
(2) Impact assessment requirements shall apply to processing
activities created or generated on or after August 1, 2026, and are not
retroactive.
Sec. 12. Subsections (a) to (d), inclusive, of section 42-524 of the
general statutes are repealed and the following are substituted in lieu
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thereof (Effective July 1, 2026):
(a) Nothing in sections 42-515 to 42-526, inclusive, as amended by this
act, shall be construed to restrict a controller's, processor's or consumer
health data controller's ability to: (1) Comply with federal, state or
municipal ordinances or regulations; (2) comply with a civil, criminal or
regulatory inquiry, investigation, subpoena or summons by federal,
state, municipal or other governmental authorities; (3) cooperate with
law enforcement agencies concerning conduct or activity that the
controller, processor or consumer health data controller reasonably and
in good faith believes may violate federal, state or municipal ordinances
or regulations; (4) investigate, establish, exercise, prepare for or defend
legal claims; (5) provide a product or service specifically requested by a
consumer; (6) perform under a contract to which a consumer is a party,
including fulfilling the terms of a written warranty; (7) take steps at the
request of a consumer prior to entering into a contract; (8) take
immediate steps to protect an interest that is essential for the life or
physical safety of the consumer or another individual, and where the
processing cannot be manifestly based on another legal basis; (9)
prevent, detect, protect against or respond to security incidents, identity
theft, fraud, harassment, malicious or deceptive activities or any illegal
activity, preserve the integrity or security of systems or investigate,
report or prosecute those responsible for any such action; (10) engage in
public or peer-reviewed scientific or statistical research in the public
interest that adheres to all other applicable ethics and privacy laws and
is approved, monitored and governed by an institutional review board
that determines, or similar independent oversight entities that
determine, (A) whether the deletion of the information is likely to
provide substantial benefits that do not exclusively accrue to the
controller or consumer health data controller, (B) the expected benefits
of the research outweigh the privacy risks, and (C) whether the
controller or consumer health data controller has implemented
reasonable safeguards to mitigate privacy risks associated with
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research, including any risks associated with re-identification; (11) assist
another controller, processor, consumer health data controller or third
party with any of the obligations under sections 42-515 to 42-526,
inclusive, as amended by this act; or (12) process personal data for
reasons of public interest in the area of public health, community health
or population health, but solely to the extent that such processing is (A)
subject to suitable and specific measures to safeguard the rights of the
consumer whose personal data [is] are being processed, and (B) under
the responsibility of a professional subject to confidentiality obligations
under federal, state or local law.
(b) The obligations imposed on controllers, processors or consumer
health data controllers under sections 42-515 to 42-526, inclusive, as
amended by this act, shall not restrict a controller's, processor's or
consumer health data controller's ability to collect, use or retain data for
internal use to: (1) Conduct internal research to develop, improve or
repair products, services or technology; (2) effectuate a product recall;
(3) identify and repair technical errors that impair existing or intended
functionality; (4) process personal data for the purposes of profiling in
furtherance of any automated decision that may produce any legal or
similarly significant effect concerning a consumer, provided such
personal data are (A) processed only to the extent necessary to detect or
correct any bias that may result from processing such data for such
purposes, such bias cannot effectively be detected or corrected without
processing such data and such data are deleted once such processing
has been completed, (B) processed subject to appropriate safeguards to
protect the rights of consumers secured by the Constitution or laws of
this state or of the United States, (C) subject to technical restrictions
concerning the reuse of such data and industry-standard security and
privacy measures, including, but not limited to, pseudonymization, (D)
subject to measures to ensure that such data are secure, protected and
subject to suitable safeguards, including, but not limited to, strict
controls concerning, and documentation of, access to such data, to avoid
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misuse and ensure that only authorized persons may access such data
while preserving the confidentiality of such data, and (E) not
transmitted, transferred or otherwise accessed by any third party; [or
(4)] (5) perform internal operations that are reasonably aligned with the
expectations of the consumer or reasonably anticipated based on the
consumer's existing relationship with the controller or consumer health
data controller, or are otherwise compatible with processing data in
furtherance of the provision of a product or service specifically
requested by a consumer or the performance of a contract to which the
consumer is a party; or (6) perform internal operations in accordance
with the internal operations exception established in COPPA if the
controller, processor or consumer health data controller is processing
data in accordance with such exception.
(c) The obligations imposed on controllers, processors or consumer
health data controllers under sections 42-515 to 42-526, inclusive, as
amended by this act, shall not apply where compliance by the controller,
processor or consumer health data controller with said sections would
violate an evidentiary privilege under the laws of this state. Nothing in
sections 42-515 to 42-526, inclusive, as amended by this act, shall be
construed to prevent a controller, processor or consumer health data
controller from providing personal data concerning a consumer to a
person covered by an evidentiary privilege under the laws of the state
as part of a privileged communication.
(d) A controller, processor or consumer health data controller that
discloses personal data to a processor or third-party controller in
accordance with sections 42-515 to 42-526, inclusive, as amended by this
act, shall not be deemed to have violated said sections if the processor
or third-party controller that receives and processes such personal data
violates said sections, provided, at the time the disclosing controller,
processor or consumer health data controller disclosed such personal
data, the disclosing controller, processor or consumer health data
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controller did not have actual knowledge that the receiving processor or
third-party controller would violate said sections. A third-party
controller or processor receiving personal data from a controller,
processor or consumer health data controller in compliance with
sections 42-515 to 42-526, inclusive, as amended by this act, is likewise
not in violation of said sections for the transgressions of the controller,
processor or consumer health data controller from which such third-
party controller or processor receives such personal data.
Sec. 13. Subsections (a) and (b) of section 42-528 of the general statutes
are repealed and the following is substituted in lieu thereof (Effective July
1, 2026):
(a) For the purposes of this section:
(1) "Authenticate" means to use reasonable means and make a
commercially reasonable effort to determine whether a request to
exercise any right afforded under subsection (b) of this section has been
submitted by, or on behalf of, the minor who is entitled to exercise such
right;
(2) "Consumer" has the same meaning as provided in section 42-515,
as amended by this act;
(3) "Minor" means any consumer who is younger than eighteen years
of age;
(4) "Personal data" has the same meaning as provided in section 42-
515, as amended by this act;
(5) "Social media platform" (A) means a public or semi-public
Internet-based service or application that (i) is used by a consumer in
this state, (ii) is primarily intended to connect and allow users to socially
interact within such service or application, and (iii) enables a user to (I)
construct a public or semi-public profile for the purposes of signing into
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and using such service or application, (II) populate a public list of other
users with whom the user shares a social connection within such service
or application, and (III) create or post content that is viewable by other
users, including, but not limited to, on message boards, in chat rooms,
or through a landing page or main feed that presents the user with
content generated by other users, and (B) does not include a public or
semi-public Internet-based service or application that (i) exclusively
provides electronic mail or direct messaging services, (ii) primarily
consists of news, sports, entertainment, interactive video games,
electronic commerce or content that is preselected by the provider or for
which any chat, comments or interactive functionality is incidental to,
directly related to, or dependent on the provision of such content, or (iii)
is used by and under the direction of an educational entity, including,
but not limited to, a learning management system or a student
engagement program; and
(6) "Unpublish" means to remove a social media platform account
from public visibility.
(b) (1) Not later than fifteen business days after a social media
platform receives a request from a minor or, if the minor is younger than
sixteen years of age, from such minor's parent or legal guardian to
unpublish such minor's social media platform account, the social media
platform shall unpublish such minor's social media platform account.
(2) Not later than forty-five business days after a social media
platform receives a request from a minor or, if the minor is younger than
sixteen years of age, from such minor's parent or legal guardian to delete
such minor's social media platform account, the social media platform
shall delete such minor's social media platform account and cease
processing such minor's personal data except where the preservation of
such minor's social media platform account or personal data is
otherwise permitted or required by applicable law, including, but not
limited to, sections 42-515 to 42-525, inclusive, as amended by this act.
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A social media platform may extend such forty-five business day period
by an additional forty-five business days if such extension is reasonably
necessary considering the complexity and number of the consumer's
requests, provided the social media platform informs the minor or, if the
minor is younger than sixteen years of age, such minor's parent or legal
guardian within the initial forty-five business day response period of
such extension and the reason for such extension.
(3) A social media platform shall establish, and shall describe in a
privacy notice, one or more secure and reliable means for submitting a
request pursuant to this subsection. A social media platform that
provides a mechanism for a minor or, if the minor is younger than
sixteen years of age, the minor's parent or legal guardian to initiate a
process to delete or unpublish such minor's social media platform
account shall be deemed to be in compliance with the provisions of this
subsection.
(4) No social media platform shall require a minor's parent or legal
guardian to create a social media platform account to submit a request
pursuant to this subsection. A social media platform may require a
minor's parent or legal guardian to use an existing social media platform
account to submit such a request, provided such parent or legal
guardian has access to the existing social media platform account.
Sec. 14. Section 42-529 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2026):
For the purposes of this section and sections 42-529a to 42-529e,
inclusive, as amended by this act:
(1) "Adult" means any individual who is at least eighteen years of age;
(2) "Consent" has the same meaning as provided in section 42-515, as
amended by this act;
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(3) "Consumer" has the same meaning as provided in section 42-515,
as amended by this act;
(4) "Controller" has the same meaning as provided in section 42-515,
as amended by this act;
(5) "Heightened risk of harm to minors" means processing minors'
personal data in a manner that presents any reasonably foreseeable risk
of (A) any unfair or deceptive treatment of, or any unlawful disparate
impact on, minors, (B) any material financial, physical or reputational
injury to minors, [or] (C) any material physical or other intrusion upon
the solitude or seclusion, or the private affairs or concerns, of minors if
such intrusion would be offensive to a reasonable person, (D) any
physical violence against minors, (E) any material harassment of minors
on any online service, product or feature, which harassment is severe,
pervasive or objectively offensive to a reasonable person, or (F) any
sexual abuse or sexual exploitation of minors;
(6) "HIPAA" has the same meaning as provided in section 42-515, as
amended by this act;
(7) "Minor" means any consumer who is younger than eighteen years
of age;
(8) "Online service, product or feature" means any service, product or
feature that is provided online. "Online service, product or feature" does
not include any (A) telecommunications service, as defined in 47 USC
153, as amended from time to time, (B) broadband Internet access
service, as defined in 47 CFR 54.400, as amended from time to time, or
(C) delivery or use of a physical product;
(9) "Person" has the same meaning as provided in section 42-515, as
amended by this act;
(10) "Personal data" has the same meaning as provided in section 42-
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515, as amended by this act;
(11) "Precise geolocation data" has the same meaning as provided in
section 42-515, as amended by this act;
(12) "Process" and "processing" have the same meaning as provided
in section 42-515, as amended by this act;
(13) "Processor" has the same meaning as provided in section 42-515,
as amended by this act;
(14) "Profiling" has the same meaning as provided in section 42-515,
as amended by this act;
(15) "Protected health information" has the same meaning as
provided in section 42-515, as amended by this act;
(16) "Sale of personal data" has the same meaning as provided in
section 42-515, as amended by this act;
(17) "Targeted advertising" has the same meaning as provided in
section 42-515, as amended by this act; and
(18) "Third party" has the same meaning as provided in section 42-
515, as amended by this act.
Sec. 15. Section 42-529a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2026):
(a) Each controller that offers any online service, product or feature
to consumers whom such controller has actual knowledge, or wilfully
disregards, are minors shall use reasonable care to avoid any heightened
risk of harm to minors caused by such online service, product or feature.
In any enforcement action brought by the Attorney General pursuant to
section 42-529e, there shall be a rebuttable presumption that a controller
used reasonable care as required under this section if the controller
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complied with the provisions of section 42-529b, as amended by this act,
concerning data protection assessments and impact assessments.
(b) (1) [Subject to the consent requirement established in subdivision
(3) of this subsection, no] No controller that offers any online service,
product or feature to consumers whom such controller has actual
knowledge, or wilfully disregards, are minors shall [: (A) Process]
process any minor's personal data: [(i) for] (A) For the purposes of [(I)]
(i) targeted advertising, [(II)] or (ii) any sale of personal data; [, or (III)
profiling in furtherance of any fully automated decision made by such
controller that produces any legal or similarly significant effect
concerning the provision or denial by such controller of any financial or
lending services, housing, insurance, education enrollment or
opportunity, criminal justice, employment opportunity, health care
services or access to essential goods or services, (ii)] (B) unless such
processing is reasonably necessary to provide such online service,
product or feature; [, (iii)] (C) for any processing purpose [(I)] (i) other
than the processing purpose that the controller disclosed at the time
such controller collected such personal data, or [(II)] (ii) [that] other than
what is reasonably necessary for, and compatible with, the processing
purpose described in subparagraph [(A)(iii)(I)] (C)(i) of this subdivision;
[,] or [(iv)] (D) for longer than is reasonably necessary to provide such
online service, product or feature. [; or (B) use any system design feature
to significantly increase, sustain or extend any minor's use of such
online service, product or feature.] The provisions of this subdivision
shall not apply to any service or application that is used by and under
the direction of an educational entity, including, but not limited to, a
learning management system or a student engagement program.
(2) [Subject to the consent requirement established in subdivision (3)
of this subsection, no] No controller that offers an online service,
product or feature to consumers whom such controller has actual
knowledge, or wilfully disregards, are minors shall collect a minor's
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precise geolocation data unless: (A) Such precise geolocation data [is
reasonably] are strictly necessary for the controller to provide such
online service, product or feature and, if such data [is] are necessary to
provide such online service, product or feature, such controller may
only collect such data for the time necessary to provide such online
service, product or feature; and (B) the controller provides to the minor
a signal indicating that such controller is collecting such precise
geolocation data, which signal shall be available to such minor for the
entire duration of such collection.
(3) (A) Subject to the consent requirement established in
subparagraph (B) of this subdivision, no controller that offers any online
service, product or feature to consumers whom such controller has
actual knowledge, or wilfully disregards, are minors shall process any
minor's personal data for purposes of profiling in furtherance of any
automated decision made by such controller that produces any legal or
similarly significant effect concerning the provision or denial by such
controller of any financial or lending service, housing, insurance,
education enrollment or opportunity, criminal justice, employment
opportunity, health care service or access to any essential good or
service, unless such processing is reasonably necessary to provide such
online service, product or feature.
[(3)] (B) No controller shall engage in the activities described in
[subdivisions (1) and (2) of this subsection] subparagraph (A) of this
subdivision unless the controller obtains the minor's consent or, if the
minor is younger than thirteen years of age, the consent of such minor's
parent or legal guardian. A controller that complies with the verifiable
parental consent requirements established in the Children's Online
Privacy Protection Act of 1998, 15 USC 6501 et seq., and the regulations,
rules, guidance and exemptions adopted pursuant to said act, as said act
and such regulations, rules, guidance and exemptions may be amended
from time to time, shall be deemed to have satisfied any requirement to
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obtain parental consent under this [subdivision] subparagraph.
(c) (1) No controller that offers any online service, product or feature
to consumers whom such controller has actual knowledge, or wilfully
disregards, are minors shall: (A) Provide any consent mechanism that is
designed to substantially subvert or impair, or is manipulated with the
effect of substantially subverting or impairing, user autonomy, decision-
making or choice; [or] (B) except as provided in subdivision (2) of this
subsection, offer any direct messaging apparatus for use by minors
[without providing] unless (i) such controller provides readily
accessible and easy-to-use safeguards to [limit the ability of adults to
send] enable any minor, or any minor's parent or legal guardian, to
prevent any adult from sending any unsolicited [communications to
minors with whom they are not connected] communication to such
minor unless such minor and adult are already connected on such online
service, product or feature, and (ii) the safeguards required under
subparagraph (B)(i) of this subdivision, as a default setting, prevent any
adult from sending any unsolicited communication to any minor unless
such minor and adult are already connected on such online service,
product or feature; or (C) except as provided in subdivision (3) of this
subsection, use any system design feature to significantly increase,
sustain or extend any minor's use of such online service, product or
feature.
(2) The provisions of subparagraph (B) of subdivision (1) of this
subsection shall not apply to services where the predominant or
exclusive function is: (A) Electronic mail; or (B) direct messaging
consisting of text, photos or videos that are sent between devices by
electronic means, where messages are (i) shared between the sender and
the recipient, (ii) only visible to the sender and the recipient, and (iii) not
posted publicly.
(3) The provisions of subparagraph (C) of subdivision (1) of this
subsection shall not apply to any service or application that is used by
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and under the direction of an educational entity, including, but not
limited to, a learning management system or a student engagement
program.
Sec. 16. Section 42-529b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2026):
(a) Each controller that [, on or after October 1, 2024,] offers any online
service, product or feature to consumers whom such controller has
actual knowledge, or wilfully disregards, are minors shall conduct a
data protection assessment for such online service, product or feature:
(1) In a manner that is consistent with the requirements established in
section 42-522, as amended by this act; and (2) that addresses (A) the
purpose of such online service, product or feature, (B) the categories of
minors' personal data that such online service, product or feature
processes, (C) the purposes for which such controller processes minors'
personal data with respect to such online service, product or feature,
and (D) any heightened risk of harm to minors that is a reasonably
foreseeable result of offering such online service, product or feature to
minors.
(b) Each controller that offers any online service, product or feature
to consumers whom such controller has actual knowledge, or wilfully
disregards, are minors shall, if such online service, product or feature
engages in any profiling based on such consumers' personal data,
conduct an impact assessment for such online service, product or
feature. Such impact assessment shall include, to the extent reasonably
known by or available to the controller, as applicable: (1) A statement
by the controller disclosing the purpose, intended use cases and
deployment context of, and benefits afforded by, such online service,
product or feature, if such online service, product or feature engages in
any profiling for the purpose of making decisions that produce legal or
similarly significant effects concerning such consumers; (2) an analysis
of whether such profiling poses any reasonably foreseeable heightened
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risk of harm to minors and, if so, (A) the nature of such heightened risk
of harm to minors, and (B) the steps that have been taken to mitigate
such heightened risk of harm to minors; (3) a description of (A) the
categories of personal data such online service, product or feature
processes as inputs for the purposes of such profiling, and (B) the
outputs such online service, product or feature produces for the
purposes of such profiling; (4) an overview of the categories of personal
data the controller used to customize such online service, product or
feature for the purposes of such profiling, if the controller used data to
customize such online service, product or feature for the purposes of
such profiling; (5) a description of any transparency measures taken
concerning such online service, product or feature with respect to such
profiling, including, but not limited to, any measures taken to disclose
to consumers that such online service, product or feature is being used
for such profiling while such online service, product or feature is being
used for such profiling; and (6) a description of the post-deployment
monitoring and user safeguards provided concerning such online
service, product or feature for the purposes of such profiling, including,
but not limited to, the oversight, use and learning processes established
by the controller to address issues arising from deployment of such
online service, product or feature for the purposes of such profiling.
[(b)] (c) Each controller that conducts a data protection assessment
pursuant to subsection (a) of this section, or an impact assessment
pursuant to subsection (b) of this section, shall: (1) Review such data
protection assessment or impact assessment as necessary to account for
any material change to the processing or profiling operations of the
online service, product or feature that is the subject of such data
protection assessment or impact assessment; and (2) maintain
documentation concerning such data protection assessment or impact
assessment for the longer of (A) the three-year period beginning on the
date on which such processing or profiling operations cease, or (B) as
long as such controller offers such online service, product or feature.
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[(c)] (d) A single data protection assessment or impact assessment
may address a comparable set of processing or profiling operations that
include similar activities.
[(d)] (e) If a controller conducts a data protection assessment or
impact assessment for the purpose of complying with another
applicable law or regulation, the data protection assessment or impact
assessment shall be deemed to satisfy the requirements established in
this section if such data protection assessment or impact assessment is
reasonably similar in scope and effect to the data protection assessment
or impact assessment that would otherwise be conducted pursuant to
this section.
[(e)] (f) If any controller conducts a data protection assessment
pursuant to subsection (a) of this section, or an impact assessment
pursuant to subsection (b) of this section, and determines that the online
service, product or feature that is the subject of such assessment poses a
heightened risk of harm to minors, such controller shall establish and
implement a plan to mitigate or eliminate such risk. The Attorney
General may require a controller to disclose to the Attorney General a
plan established pursuant to this subsection if the plan is relevant to an
investigation conducted by the Attorney General. The controller shall
disclose such plan to the Attorney General not later than ninety days
after the Attorney General notifies the controller, in a form and manner
prescribed by the Attorney General, that the Attorney General requires
the controller to disclose such plan to the Attorney General.
[(f)] (g) Data protection assessments, impact assessments and harm
mitigation or elimination plans shall be confidential and shall be exempt
from disclosure under the Freedom of Information Act, as defined in
section 1-200. To the extent any information contained in a data
protection assessment, impact assessment or harm mitigation or
elimination plan disclosed to the Attorney General includes information
subject to the attorney-client privilege or work product protection, such
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disclosure shall not constitute a waiver of such privilege or protection.
Sec. 17. Subsection (a) of section 42-529c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2026):
(a) A processor shall adhere to the instructions of a controller, and
shall: (1) Assist the controller in meeting the controller's obligations
under sections 42-529 to 42-529e, inclusive, as amended by this act,
taking into account (A) the nature of the processing, (B) the information
available to the processor by appropriate technical and organizational
measures, and (C) whether such assistance is reasonably practicable and
necessary to assist the controller in meeting such obligations; and (2)
provide any information that is necessary to enable the controller to
conduct and document data protection assessments and impact
assessments pursuant to section 42-529b, as amended by this act.
Sec. 18. Subsection (d) of section 42-529d of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2026):
(d) No obligation imposed on a controller or processor under any
provision of sections 42-529 to 42-529c, inclusive, as amended by this
act, or section 42-529e shall be construed to restrict a controller's or
processor's ability to collect, use or retain data for internal use to: (1)
Conduct internal research to develop, improve or repair products,
services or technology; (2) effectuate a product recall; (3) identify and
repair technical errors that impair existing or intended functionality; (4)
process personal data for the purposes of profiling in furtherance of any
automated decision that may produce any legal or similarly significant
effect concerning a consumer, provided such personal data are (A)
processed only to the extent necessary to detect or correct any bias that
may result from processing such personal data for such purposes, such
bias cannot effectively be detected or corrected without processing such
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personal data and such personal data are deleted once such processing
has been completed, (B) processed subject to appropriate safeguards to
protect the rights of consumers secured by the Constitution or laws of
this state or of the United States, (C) subject to technical restrictions
concerning the reuse of such personal data and industry-standard
security and privacy measures, including, but not limited to,
pseudonymization, (D) subject to measures to ensure that such personal
data are secure, protected and subject to suitable safeguards, including,
but not limited to, strict controls concerning, and documentation of,
access to such personal data, to avoid misuse and ensure that only
authorized persons may access such personal data while preserving the
confidentiality of such personal data, and (E) not transmitted,
transferred or otherwise accessed by any third party; or [(4)] (5) perform
solely internal operations that are (A) reasonably aligned with the
expectations of a minor or reasonably anticipated based on the minor's
existing relationship with the controller or processor, or (B) otherwise
compatible with processing data in furtherance of the provision of a
product or service specifically requested by a minor.
Sec. 19. (NEW) (Effective July 1, 2026) (a) As used in this section:
(1) "Abuser" means an individual who (A) is identified by a survivor
pursuant to subsection (b) of this section, and (B) has committed, or
allegedly committed, a covered act against the survivor making the
connected vehicle services request;
(2) "Account holder" means an individual who is (A) a party to a
contract with a covered provider that involves a connected vehicle
service, or (B) a subscriber, customer or registered user of a connected
vehicle service;
(3) "Connected vehicle service" means any capability provided by or
on behalf of a motor vehicle manufacturer that enables a person to
remotely obtain data from, or send commands to, a covered vehicle,
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including, but not limited to, any such capability provided by way of a
software application that is designed to be operated on a mobile device;
(4) "Connected vehicle service request" means a request by a survivor
to terminate or disable an abuser's access to a connected vehicle service;
(5) "Covered act" means conduct that constitutes (A) a crime
described in Section 40002(a) of the Violence Against Women Act of
1994, 34 USC 12291(a), as amended from time to time, (B) an act or
practice described in 22 USC 7102(11) or (12), as amended from time to
time, or (C) a crime, act or practice that is (i) similar to a crime, act or
practice described in subparagraph (A) or (B) of this subdivision, and
(ii) prohibited under federal, state or tribal law;
(6) "Covered connected vehicle services account" means an account
or other means by which a person enrolls in, or obtains access to, a
connected vehicle service;
(7) "Covered provider" means a motor vehicle manufacturer, or an
entity acting on behalf of a motor vehicle manufacturer, that provides a
connected vehicle service;
(8) "Covered vehicle" means a motor vehicle that is (A) the subject of
a connected vehicle request, and (B) identified by a survivor pursuant
to subsection (b) of this section;
(9) "Emergency situation" means a situation that, if allowed to
continue, poses an imminent risk of death or serious bodily harm;
(10) "In-vehicle interface" means a feature or mechanism installed in
a motor vehicle that allows an individual within the motor vehicle to
terminate or disable connected vehicle services;
(11) "Person" means an individual, association, company, limited
liability company, corporation, partnership, sole proprietorship, trust or
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other legal entity; and
(12) "Survivor" means an individual (A) who is eighteen years of age
or older, and (B) against whom a covered act has been committed or
allegedly committed.
(b) A survivor may submit a connected vehicle service request to a
covered provider pursuant to this subsection. Each connected vehicle
service request submitted pursuant to this subsection shall, at a
minimum, include (1) the vehicle identification number of the covered
vehicle, (2) the name of the abuser, and (3) (A) proof that the survivor is
the sole owner of the covered vehicle, (B) if the survivor is not the sole
owner of the covered vehicle, proof that the survivor is legally entitled
to exclusive possession of the covered vehicle, which proof may take the
form of a court order awarding exclusive possession of the covered
vehicle to the survivor, or (C) if the abuser owns the covered vehicle, in
whole or in part, a dissolution of marriage decree, restraining order or
temporary restraining order (i) naming the abuser, and (ii) (I) granting
exclusive possession of the covered vehicle to the survivor, or (II)
restricting the abuser's use of a connected vehicle service against the
survivor.
(c) (1) Not later than two business days after a survivor submits a
connected vehicle service request to a covered provider pursuant to
subsection (b) of this section, the covered provider shall take one or
more of the following actions requested by the survivor in the connected
vehicle service request, regardless of whether the abuser identified in
the connected vehicle service request is an account holder: (A)
Terminate or disable the covered connected vehicle services account
associated with such abuser; (B) (i) terminate or disable the covered
connected vehicle services account associated with the covered vehicle,
including, but not limited to, by resetting or deleting any data or
wireless connection with respect to the covered vehicle, and (ii) provide
instructions to the survivor on how to reestablish a covered connected
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vehicle services account; (C) (i) terminate or disable covered connected
vehicle services for the covered vehicle, including, but not limited to, by
resetting or deleting any data or wireless connection with respect to the
covered vehicle, and (ii) provide instructions to the survivor on how to
reestablish connected vehicle services; or (D) if the motor vehicle has an
in-vehicle interface, provide information to the survivor concerning (i)
the availability of the in-vehicle interface, and (ii) how to terminate or
disable connected vehicle services using the in-vehicle interface.
(2) After the covered provider has taken action pursuant to
subdivision (1) of this subsection, the covered provider shall deny any
request made by the abuser to obtain any data that (A) were generated
by the connected vehicle service after the abuser's access to such
connected vehicle service was terminated or disabled in response to the
connected vehicle service request, and (B) are maintained by the covered
provider.
(3) The covered provider shall not refuse to take action pursuant to
subdivision (1) of this subsection on the basis that any requirement,
other than a requirement established in subsection (b) of this section, has
not been satisfied, including, but not limited to, any requirement that
provides for (A) payment of any fee, penalty or other charge, (B)
maintaining or extending the term of the covered connected vehicle
services account, (C) obtaining approval from any account holder other
than the survivor, or (D) increasing the rate charged for the connected
vehicle service.
(4) (A) If the covered provider intends to provide any formal notice
to the abuser regarding any action set forth in subdivision (1) of this
subsection, the covered provider shall first notify the survivor of the
date on which the covered provider intends to provide such notice to
the abuser.
(B) The covered provider shall take reasonable steps to ensure that
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the covered provider only provides formal notice to the abuser,
pursuant to subparagraph (A) of this subdivision, (i) at least three days
after the covered provider notified the survivor pursuant to
subparagraph (A) of this subdivision, and (ii) after the covered provider
has terminated or disabled the abuser's access to the connected vehicle
service.
(5) (A) The covered provider shall not be required to take any action
pursuant to subdivision (1) of this subsection if the covered provider
cannot operationally or technically effectuate such action.
(B) If the covered provider cannot operationally or technically
effectuate any action as set forth in subparagraph (A) of this subdivision,
the covered provider shall promptly notify the survivor who submitted
the connected vehicle service request that the covered provider cannot
operationally or technically effectuate such action, which notice shall, at
a minimum, disclose whether the covered provider's inability to
operationally or technically effectuate such action can be remedied and,
if so, any steps the survivor can take to assist the covered provider in
remedying such inability.
(d) (1) The covered provider and each officer, director, employee,
vendor or agent of the covered provider shall treat all information
submitted by the survivor under subsection (b) of this section as
confidential, and shall securely dispose of such information not later
than ninety days after the survivor submitted such information.
(2) The covered provider shall not disclose any information
submitted by the survivor under subsection (b) of this section to a third
party unless (A) the covered provider has obtained affirmative consent
from the survivor to disclose such information to the third party, or (B)
disclosing such information to the third party is necessary to effectuate
the connected vehicle service request.
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(3) Nothing in subdivision (1) of this subsection shall be construed to
prohibit the covered provider from maintaining, for longer than the
period specified in subdivision (1) of this subsection, a record that
verifies that the survivor fulfilled the conditions of the connected vehicle
service request as set forth in subsection (b) of this section, provided
such record is limited to what is reasonably necessary and proportionate
to verify that the survivor fulfilled such conditions.
(e) The survivor shall take reasonable steps to notify the covered
provider of any change in the ownership or possession of the covered
vehicle that materially affects the need for the covered provider to take
action pursuant to subdivision (1) of subsection (c) of this section.
(f) The requirements established in this section shall not prohibit or
prevent a covered provider from terminating or disabling an abuser's
access to a connected vehicle service in an emergency situation after
receiving a connected vehicle service request.
(g) Each covered provider shall publicly post, on such covered
provider's Internet web site, a statement describing how a survivor may
submit a connected vehicle service request to such covered provider.
(h) Each covered provider and each officer, director, employee,
vendor or agent of a covered provider shall be immune from any civil
liability which might otherwise arise from any act or omission
committed by such covered provider, officer, director, employee,
vendor or agent pursuant to subsections (a) to (g), inclusive, of this
section, provided such act or omission was committed in compliance
with the provisions of said subsections.
Sec. 20. Section 42-158ff of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2025):
(a) For the purposes of this section:
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(1) "Automatic renewal provision" means any provision that is
included in a consumer agreement under which a business that is a
party to such agreement may renew such agreement without any action
on the part of a consumer who is a party to such agreement;
(2) "Business" means any individual or sole proprietorship,
partnership, firm, corporation, trust, limited liability company, limited
liability partnership, joint stock company, joint venture, association or
other legal entity through which commerce for profit or not for profit is
conducted;
(3) "Clearly and conspicuously disclose" means (A) for a disclosure
made electronically or in writing, to make such disclosure (i) in a
manner that may be retained by the consumer, and (ii) in text that is (I)
larger than the size of any surrounding text, or (II) the same size as the
surrounding text but in a typeface, font or color that contrasts with such
surrounding text or is set off from such surrounding text by symbols or
other marks that draw the consumer's attention to such disclosure, and
(B) for a disclosure made verbally or telephonically, to make such
disclosure in a volume and cadence that is readily audible to, and
understandable by, the consumer;
[(3)] (4) "Consumer" means any individual who is a resident of this
state and a prospective recipient of consumer goods or consumer
services;
[(4)] (5) "Consumer agreement" means any verbal, telephonic, written
or electronic agreement, initially entered into or amended on or after
October 1, 2023, between a business and a consumer under which a
business agrees to provide consumer goods or consumer services to a
consumer. "Consumer agreement" does not include any such agreement
(A) concerning any service provided by a business or its affiliate where
either the business or its affiliate is doing business pursuant to (i) a
franchise issued by a political subdivision of the state, or (ii) a license,
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franchise, certificate or other authorization issued by the Public Utilities
Regulatory Authority, (B) concerning any service provided by a
business or its affiliate where either the business or its affiliate is
regulated by the Public Utilities Regulatory Authority, the Federal
Communications Commission or the Federal Energy Regulatory
Commission, (C) with any entity regulated by the Insurance
Department or an affiliate of such entity, (D) with any bank, out-of-state
bank, bank holding company, Connecticut credit union, federal credit
union or out-of-state credit union, as said terms are defined in section
36a-2, or any subsidiary thereof, or (E) concerning any global or national
service largely or predominately consisting of audiovisual content;
[(5)] (6) "Consumer good" means any article that is purchased, leased,
exchanged or received primarily for personal, family or household
purposes;
[(6)] (7) "Consumer service" means any service that is purchased,
leased, exchanged or received primarily for personal, family or
household purposes; and
[(7)] (8) "Continuous services provision" means any provision that is
included in a consumer agreement under which a business that is a
party to such agreement may continue to provide consumer services to
a consumer who is a party to such agreement until the consumer takes
action to prevent or terminate such business's provision of such
consumer services under such agreement.
(b) (1) No business shall enter into, or offer to enter into, a consumer
agreement with a consumer if such agreement includes an automatic
renewal provision or a continuous services provision, unless:
(A) Such business establishes and maintains a toll-free telephone
number, an electronic mail address or postal address, or the online
means required under subsection (d) of this section, which the consumer
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may use to prevent automatic renewal or prevent or terminate
continuous consumer services;
(B) Where such consumer agreement contains an automatic renewal
provision, such business clearly and conspicuously discloses to the
consumer, [electronically, verbally, telephonically or in writing in the
manner specified in subdivision (2) of this subsection and] before such
automatic renewal, (i) that the business will automatically renew such
agreement until such consumer takes action to prevent such automatic
renewal, (ii) a description of the actions such consumer is required to
take to prevent any automatic renewal of such agreement and, if
disclosed electronically, a link or other electronic means such consumer
may use to take such actions as described in subsection (d) of this
section, (iii) all recurring charges that will be charged to the consumer's
credit card, debit card or third-party payment account for any automatic
renewal of such agreement and, if the amount of such charges is subject
to change, the amount of such change if known by such business, (iv)
the length of any automatic renewal term for such agreement unless the
consumer selects the length of such term, (v) any additional provisions
concerning such renewal term, (vi) any minimum purchase obligation,
and (vii) contact information for such business;
(C) Where such consumer agreement contains a continuous services
provision, such business clearly and conspicuously discloses to the
consumer, [electronically, verbally, telephonically or in writing in the
manner specified in subdivision (2) of this subsection and] before such
consumer enters into such agreement, (i) that the business will provide
continuous consumer services under such agreement until such
consumer takes action to prevent or terminate such continuous
consumer services, (ii) a description of the actions such consumer is
required to take to prevent or terminate such continuous consumer
services, (iii) all recurring charges that will be charged to the consumer's
credit card, debit card or third-party payment account for such
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continuous consumer services and, if the amount of such charges is
subject to change, the amount of such change if known by such business,
(iv) the duration of such continuous consumer services, (v) any
additional provisions concerning such continuous consumer services,
(vi) any minimum purchase obligation, and (vii) contact information for
such business;
(D) If such business intends to make any material change in the terms
of such automatic renewal provision or continuous services provision,
such business clearly and conspicuously discloses to the consumer,
[electronically, verbally, telephonically or in writing in the manner
specified in subdivision (2) of this subsection and] before such business
makes such material change, the material change and a description of
the actions such consumer is required to take to cancel such automatic
renewal or terminate such continuous consumer services;
(E) If such consumer agreement includes a free gift or trial period,
such business clearly and conspicuously discloses to the consumer,
[electronically, verbally, telephonically or in writing in the manner
specified in subdivision (2) of this subsection] before such consumer
enters into such agreement, (i) the price that such consumer will be
charged following expiration of such period, and (ii) any manner in
which the pricing for such agreement will change following expiration
of such period; and
(F) (i) Except as provided in subparagraph (F)(iii) of this subdivision,
if such consumer agreement is offered electronically or telephonically
and includes a free gift or trial period, or a discounted or promotional
price period, such business clearly and conspicuously discloses to the
consumer, [electronically or telephonically in the manner specified in
subdivision (2) of this subsection and] not later than the time specified
in subparagraph (F)(ii) of this subdivision, (I) that such business will
automatically renew, or provide continuous consumer services under,
such agreement until such consumer takes action to prevent such
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automatic renewal or prevent or terminate such continuous consumer
services, (II) the duration of such automatic renewal term or continuous
consumer services, (III) any additional provisions concerning such
renewal term or continuous consumer services, (IV) a description of the
actions such consumer is required to take to prevent such automatic
renewal or prevent or terminate such continuous consumer services,
and (V) if such agreement is offered electronically, a prominently
displayed direct link or button, or an electronic mail message, required
under subsection (d) of this section.
(ii) Except as provided in subparagraph (F)(iii) of this subdivision, if
such business is required to make a disclosure pursuant to
subparagraph (F)(i) of this subdivision, such business [makes such
disclosure] clearly and conspicuously discloses (I) where the free gift or
trial period, or discounted or promotional price period, is at least thirty-
two days in duration, at least twenty-one days after such period
commences and not earlier than three days before such period expires,
or (II) where the free gift or trial period, or discounted or promotional
price period, is at least one year in duration, at least fifteen days but not
more than forty-five days before such period expires.
(iii) Such business shall not be required to make the disclosure
required under subparagraph (F)(i) or (F)(ii) of this subdivision if such
business has not collected, or does not maintain, the consumer's
electronic mail address or telephone number, as applicable, and is
unable to make such disclosure to such consumer by other electronic
means. For the purposes of subparagraphs (E) and (F) of this
subdivision, "free gift" does not include a free promotional item or gift
that a business gives to a consumer if such item or gift differs from the
consumer goods or consumer services that are the subject of the
consumer agreement between the business and the consumer.
(2) Each business that is required to make any disclosure under
subdivision (1) of this subsection shall:
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(A) If the consumer agreement is offered, or entered into,
electronically or in writing, make such disclosure [(i) in a manner that
may be retained by the consumer, and (ii) in text that is (I) larger than
the size of any surrounding text, or (II) the same size as the surrounding
text but in a typeface, font or color that contrasts with such surrounding
text or is set off from such surrounding text by symbols or other marks
that draw the consumer's attention to such disclosure] (i) clearly and
conspicuously, and (ii) electronically or in writing; or
(B) If the consumer agreement is offered, or entered into, verbally or
telephonically, make such disclosure [in a volume and cadence that is
readily audible to, and understandable by, the consumer] (i) clearly and
conspicuously, and (ii) verbally or telephonically.
(c) No business that enters into, or offers to enter into, a consumer
agreement that includes an automatic renewal provision or a
continuous services provision shall charge the consumer's credit card,
debit card or third-party payment account for any automatic renewal or
continuous consumer services, regardless of whether such renewal or
continuous consumer services are offered or provided at a promotional
or discounted price, unless such business has obtained such consumer's
affirmative consent to such renewal or continuous consumer services.
In considering whether a business has obtained affirmative consent in
accordance with the provisions of this subsection, a state agency or court
of competent jurisdiction shall consider, without limitation, whether the
business has produced a record of such affirmative consent that was
obtained in accordance with applicable law, including, but not limited
to, sections 52-570d and 53a-189, concerning recording telephonic
communications.
(d) (1) Each business that enters into a consumer agreement online
shall, if such agreement includes an automatic renewal provision or
continuous services provision, allow the consumer to take any action
necessary to prevent such automatic renewal or prevent or terminate
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such continuous consumer services online and without requiring such
consumer to take any offline action to prevent such automatic renewal
or prevent or terminate such continuous consumer services. No
business that is subject to the provisions of this subdivision shall take
any action to obstruct or delay a consumer's efforts to prevent automatic
renewal of, or prevent or terminate provision of continuous consumer
services under, a consumer agreement pursuant to this subdivision.
Each business that is subject to the provisions of this subdivision shall
enable a consumer to prevent automatic renewal of, or prevent or
terminate provision of continuous consumer services under, a consumer
agreement pursuant to this subdivision by way of:
(A) A prominently displayed direct link or button, which may be
located within the consumer's (i) account or profile, or (ii) device or user
settings; or
(B) An electronic mail message from the business to the consumer,
which is immediately accessible by the consumer and to which the
consumer may reply without obtaining any additional information.
(2) Notwithstanding subdivision (1) of this subsection, a business
may require a consumer who maintains an account with the business to
enter the consumer's account information, or otherwise authenticate
such consumer's identity, online before such consumer may take any
action to prevent automatic renewal of, or prevent or terminate
provision of continuous consumer services under, a consumer
agreement pursuant to subdivision (1) of this subsection. No consumer
who is unwilling or unable to enter the consumer's account information,
or otherwise authenticate such consumer's identity, online under this
subdivision shall be precluded from authenticating such consumer's
identity, or taking action to prevent such automatic renewal or prevent
or terminate provision of continuous consumer services, offline by any
other method set forth in subparagraph (A) of subdivision (1) of
subsection (b) of this section.
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(e) Nothing in this section shall be construed to create a private right
of action.
Sec. 21. Subsections (a) and (b) of section 14-62 of the general statutes
are repealed and the following is substituted in lieu thereof (Effective
October 1, 2025):
(a) Each sale shall be evidenced by an order properly signed by both
the buyer and seller, a copy of which shall be furnished to the buyer
when executed, and an invoice upon delivery of the motor vehicle, both
of which shall contain the following information: (1) Make of vehicle; (2)
year of model, whether sold as new or used, and on invoice the
identification number; (3) deposit, and (A) if the deposit is not
refundable, the words "No Refund of Deposit" shall appear at this point,
and (B) if the deposit is conditionally refundable, the words
"Conditional Refund of Deposit" shall appear at this point, followed by
a statement giving the conditions for refund, and (C) if the deposit is
unconditionally refundable, the words "Unconditional Refund" shall
appear at this point; (4) cash selling price; (5) finance charges, and (A) if
these charges do not include insurance, the words "No Insurance" shall
appear at this point, and (B) if these charges include insurance, a
statement shall appear at this point giving the exact type of coverage; (6)
allowance on motor vehicle traded in, if any, and description of the
same; (7) stamped or printed in a size equal to at least ten-point bold
type on the face of both the order and invoice one of the following forms:
(A) "This motor vehicle not guaranteed", or (B) "This motor vehicle is
guaranteed", followed by a statement as to the terms of such guarantee,
which terms shall include the duration of the guarantee or the number
of miles the guarantee shall remain in effect. Such statement shall not
apply to household furnishings of any trailer; (8) if the motor vehicle is
new but has been subject to use by the seller or use in connection with
[his] the seller's business as a dealer, the word "demonstrator" shall be
clearly displayed on the face of both the order and invoice; (9) any dealer
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conveyance fee or processing fee and a statement that such fee is not
payable to the state of Connecticut printed in at least ten-point bold type
on the face of both the order and invoice; and (10) the dealer's legal
name, address and license number. For the purposes of this
[subdivision,] section, (A) "dealer conveyance fee" or "processing fee"
means a fee charged by a dealer to recover reasonable costs for
processing all documentation and performing services related to the
closing of a sale, including, but not limited to, the registration and
transfer of ownership of the motor vehicle which is the subject of the
sale, (B) "consumer good" has the same meaning as provided in section
42-110r, and (C) "consumer service" has the same meaning as provided
in subsection (a) of section 42-158ff, as amended by this act.
(b) (1) The selling price quoted by any dealer to a prospective buyer
shall include, separately stated, the amount of the dealer conveyance fee
and that such fee is negotiable. No dealer conveyance fee shall be added
to the selling price at the time the order is signed by the buyer.
(2) The selling price quoted by any dealer to a prospective buyer shall
both (A) include any fee, charge or cost imposed for any optional add-
on consumer good or consumer service, and (B) separately state the
amount of each such fee, charge or cost and that such fee, charge or cost
is optional.
[(2)] (3) No dealer shall include in the selling price a dealer
preparation charge for any item or service for which the dealer is
reimbursed by the manufacturer or any item or service not specifically
ordered by the buyer and itemized on the invoice.
(4) The form used by a dealer for the order and invoice shall not be
printed in advance of discussions with a prospective buyer to include
the amount of any fee, charge or cost imposed for any other optional
add-on consumer good or consumer service.
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Sec. 22. Subsection (a) of section 20-427 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2025):
(a) (1) Each person engaged in making home improvements shall [(1)]
(A) exhibit [his] such person's certificate of registration upon request by
any interested party, [(2)] and (B) except as provided in subdivision (2)
of this subsection, (i) state in any advertisement the fact that [he] such
person is registered, and [(3)] (ii) include [his] such person's registration
number in any advertisement.
(2) Any person engaged in making home improvements that is a
publicly traded business entity listed on any stock exchange within the
United States and spends not less than thirty per cent of such person's
advertising expenditures on advertising campaigns concurrently
directed at audiences in not fewer than five states may satisfy the
requirements established in subparagraph (B) of subdivision (1) of this
subsection by including in any advertisement, other than a direct-to-
consumer advertisement, a telephone number or Internet web site
address where any member of the public may obtain or view (A) a
statement disclosing whether such person is registered, and (B) such
person's registration number.
Sec. 23. Section 1 of substitute senate bill 514 of the current session, as
amended by Senate Amendment Schedule "A", is repealed. (Effective
from passage)
Sec. 24. Sections 4 and 6 of public act 25-112 are repealed. (Effective
from passage)
Sec. 25. Sections 1 to 17, inclusive, of substitute senate bill 1356 of the
current session, as amended by Senate Amendment Schedule "A", are
repealed. (Effective from passage)
Sec. 26. Sections 41 and 43 of public act 25-111 are repealed. (Effective
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from passage)