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).