So, what exactly is a ‘data broker’?
Friday, March 5, 2021
computer with world

A data broker is defined under California law as a business that “knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship.”1 Based upon that definition, to be a data broker, the following five elements must be present:



1. Business

A company must be a “business” as that term is defined under the CCPA.2

2. Knowingly Collects

A company must “collect” personal information based upon the CCPA’s definition of the term collect.3

3. Sells to third parties

A business must “sell” data to third parties as the term sale is utilized within the CCPA. 4

4. Personal Information

The information sold must constitute “personal information” as that term is defined within the CCPA. 5

5. No direct relationship with a consumer

The business must not have a direct relationship with the consumer about whom the business is selling personal information.

1 Cal. Civ. Code 1798.99.80(d).

Cal. Civ. Code 1798.99.80(a) (incorporating by reference the CCPA’s definition of a business).

3 Cal. Civ. Code 1798.99.80(b) (incorporating by reference the CCPA’s definition of collection).

4 Cal. Civ. Code 1798.99.80(f) (incorporating by reference the CCPA’s definition of selling).

5 Cal. Civ. Code 1798.99.80(e) (incorporating by reference the CCPA’s definition of a personal information).


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