56:8-166.8 Discrimination against consumer, opt out, prohibited. 5. A controller shall be prohibited from discriminating against a consumer if the consumer chooses to opt out of the processing for sale, targeted advertising, or profiling in furtherance of decisions that produce legal or similarly significant effects of the consumer's personal data pursuant to P.L.2023, c.266 (C.56:8-166.4 et seq.). The provisions of this section shall not prohibit the controller's ability to offer consumers discounts, loyalty programs, or other incentives for the sale of the consumer's personal data, or to provide different services to consumers that are reasonably related to the value of the relevant data, provided that the controller has clearly and conspicuously disclosed to the consumer that the offered discounts, programs, incentives, or services include the sale or processing of personal data that the consumer otherwise has a right to opt out of. L.2023, c.266, s.5.
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