iAll modern privacy statutes regulate when personal information can be shared with third parties, whether those third parties are service providers, vendors, contractors, or business partners. Most modern privacy statutes recognize, however, that privacy risks are reduced when the third party is related to the organization from which the data originates. As the following chart indicates, the statutes differ in terms of how they define corporate affiliates with some statutes focusing solely on ownership structure while other statutes consider the use of common branding.
|
Requirements to be considered an affiliate |
Cali-fornia 2022 CCPA |
Cali-fornia 2023 CPRA |
Virginia 2023 VCDPA |
Colorado 2023 CPA |
Utah 2023 UCPA |
Connect-icut 2023 CTCPA |
|
Is common branding required in all instances? |
✔[1] |
✔ |
✘ |
✘ |
✘ |
✘ |
|
Is common branding sufficient unto itself? |
✘ |
✘ |
✔[2] |
✘ |
✔[3] |
✔[4] |
|
Is common control required in all instances? |
✔[5] |
✔[6] |
✘ |
✔[7] |
✘ |
✘ |
|
Is common control sufficient unto itself? |
✘ |
✘ |
✔[8] |
✔[9] |
✔[10] |
✔[11] |
|
Can control be evidenced by ownership of only 25% of voting shares |
✘ |
✘ |
✘ |
✔[12] |
Unclear [13] |
✘ |
|
Can control be evidenced by ownership of only 50% of voting shares |
✔[14] |
✔[15] |
✔[16] |
✔[17] |
Unclear [18] |
✔[19] |
|
Can control be evidenced by ability to appoint majority of directors? |
✔[20] |
✔[21] |
✔[22] |
✔[23] |
Unclear [24] |
✔[25] |
|
Can control be demonstrated by other evidence that indicates a power to influence the management of the company? |
✔[26] |
✔[27] |
✔[28] |
✔[29] |
Unclear [30] |
✔[31] |
[1] Cal. Civ. Code § 1798.140(d)(2) (West 2021).
[2] Va. Code § 59.1-571 (2021).
[3] Utah Code Ann. 13-61-101(2) (2022).
[4] Conn. Sub. Bill No. 6, § 1(1) (enacted by legislature on April 28, 2022).
[5] Cal. Civ. Code § 1798.140(d)(2) (West 2021).
[6] Cal. Civ. Code § 1798.140(d)(2) (West 2021).
[7] C.R.S. § 6-1-1303(1) (2021).
[8] Va. Code § 59.1-571 (2021).
[9] C.R.S. § 6-1-1303(1) (2021).
[10] Utah Code Ann. 13-61-101(2) (2022).
[11] Conn. Sub. Bill No. 6, § 1(1) (enacted by legislature on April 28, 2022).
[12] C.R.S. § 6-1-1303(1) (2021).
[13] Statute does not define “common control.”
[14] Cal. Civ. Code § 1798.140(d)(2) (West 2021).
[15] Cal. Civ. Code § 1798.140(d)(2) (West 2021).
[16] Va. Code § 59.1-571 (2021).
[17] C.R.S. § 6-1-1303(1) (2021).
[18] Statute does not define “common control.”
[19] Conn. Sub. Bill No. 6, § 1(1) (enacted by legislature on April 28, 2022).
[20] Cal. Civ. Code § 1798.140(d)(2) (West 2021).
[21] Cal. Civ. Code § 1798.140(d)(2) (West 2021).
[22] Va. Code § 59.1-571 (2021).
[23] C.R.S. § 6-1-1303(1) (2021).
[24] Statute does not define “common control.”
[25] Conn. Sub. Bill No. 6, § 1(1) (enacted by legislature on April 28, 2022).
[26] Cal. Civ. Code § 1798.140(d)(2) (West 2021).
[27] Cal. Civ. Code § 1798.140(d)(2) (West 2021).
[28] Va. Code § 59.1-571 (2021).
[29] C.R.S. § 6-1-1303(1) (2021).
[30] Statute does not define “common control.”
[31] Conn. Sub. Bill No. 6, § 1(1) (enacted by legislature on April 28, 2022).
