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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:

Elements Description
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).

2 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).