Keypoint: Organizations subject to these laws will need to determine whether they are engaging in “sales,” which can be a complex and multifaceted analysis given the statutes’ varying definitions and exemptions.
This is the fifth post in our ten-part weekly series comparing key provisions of the California Privacy Rights Act (CPRA), Colorado Privacy Act (CPA), and Virginia Consumer Data Protection Act (VCDPA). With the operative dates of these laws drawing near, we are exploring important distinctions between them. If you are not already subscribed to our blog, consider subscribing now to stay updated.
In this article, we analyze how each of these laws treat “sales” of personal information/data. The CPRA, CPA, and VCDPA all give consumers the right to opt-out of the sale of their personal information/data by businesses/controllers. Whether organizations need to provide this right is obviously dependent on whether they are selling personal data. That analysis, however, is complicated by the fact that the laws define “sale” differently and contain different exemptions. Reconciling the definitions and exemptions will be an important step for any organization complying with these laws.
In the below article, we analyze these issues by first comparing the definitions of sale under the three laws and then analyzing the various exemptions.