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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).

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Photo of David A. Zetoony David A. Zetoony

David Zetoony, Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice, focuses on helping businesses navigate data privacy and cyber security laws from a practical standpoint. David has helped hundreds of companies establish and maintain ongoing privacy and security programs, and he

David Zetoony, Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice, focuses on helping businesses navigate data privacy and cyber security laws from a practical standpoint. David has helped hundreds of companies establish and maintain ongoing privacy and security programs, and he has defended corporate privacy and security practices in investigations initiated by the Federal Trade Commission, and other data privacy and security regulatory agencies around the world, as well as in class action litigation.

David receives regular recognitions from clients and peers for his knowledge and experience in the fields of data privacy and security. The National Law Journal named him a “Cybersecurity and Data Privacy Trailblazer,” JD Supra recognized him four times as one of the most widely read names when it comes to data privacy, cyber security, or the collection and use of data, and Lexology identified him six times as the top “legal influencer” in the area of technology, media, and telecommunications in the United States, the European Union, and in the context of cross-border transfers of information. He is the author of the American Bar Associations primary publication on the European General Data Protection Regulation (GDPR) and is writing the American Bar Associations primary publication on the California Consumer Privacy Act (CCPA).