Database definition

US and EU Data Privacy Transfer Law Definition of Sale

The term “sale” is defined slightly differently between and among modern U.S. data privacy laws, with some laws defining the term to include exchanges of personal information in exchange for valuable consideration, and others defining the terms as only including exchanges of personal information in exchange for monetary consideration. As the following table indicates, state laws also contain different exemptions for the types of transfers that not be considered a sale even if they otherwise meet the legal definition of the term. It should be noted that some of these legislative differences may not result in a material difference as to what activities constitute a sale – i.e. a transfer may fall within an express exemption under one statute and a different exemption under another law. The following table provides a breakdown of express exemptions from the definition of sale between and among modern privacy laws:

  • Cal. Civil. Code 1798.140

  • Cal. Civil. Code 1798.140(ad)(2)(A)(i) (West 2021).

  • CRS 6-1-1303(22)(b)(V)(A) (2022).

  • Utah Code Ann. 13-61-101(31)(b)(iv)(b) (2022) (refers to directing a monitor to interact with a third party).

  • Cal. Civil. Code 1798.140

  • Cal. Civil. Code 1798.140(ad)(2)(A)(i) (West 2021).

  • CRS 6-1-1303(22)(b)(V)(A) (2022).

  • Utah Code Ann. 13-61-101(31)(b)(iv)(a) (2022).

  • Go. Code 59.1-571 (2022).

  • CRS 6-1-1303(22)(b)(II) (2022).

  • Utah Code Ann. 13-61-101(31)(b)(v) (2022).

  • Cal. Civil. Code 1798.140

  • Note that the CPRA does not contain an express exemption for transfers to service providers, however, a “sale” is defined as relating only to a transfer to a “third party” and the term “third party” is, itself , defined as not including service providers. See Cal. Civil. Code 1798.140(ai)(2) (West 2021).

  • Go. Code 59.1-571 (2022).

  • CRS 6-1-1303(22)(b)(I) (2022).

  • Utah Code Ann. 13-61-101(31)(b)(i) (2022).

  • Cal. Civil. Code 1798.140

  • Cal. Civil. Code 1798.140(ad)(2)(C) (West 2021).

  • Go. Code 59.1-571 (2022).

  • CRS 6-1-1303(22)(b)(IV) (2022).

  • Utah Code Ann. 13-61-101(31)(b)(vii) (2022).

  • Cal. Civil. Code 1798.140

  • Cal. Civil. Code 1798.140(ad)(2)(C) (West 2021).

  • Go. Code 59.1-571 (2022).

  • CRS 6-1-1303(22)(b)(IV) (2022).

  • Utah Code Ann. 13-61-101(31)(b)(vii) (2022).

  • The CCPA does not contain an express exemption from the definition of “sale” for transfers of personal data between and among affiliates, however, the CCPA considers that certain affiliates (i.e. those that share a common brand) constitute the same “company” for the purposes of regulatory compliance. See Cal. Civil. Code 1798.140(c) (West 2020).

  • The CPRA does not contain an express exemption from the definition of “sale” for transfers of personal data between and among affiliates, however, the CCPA considers that certain affiliates (i.e. those that share a common brand) constitute the same “company” for the purposes of regulatory compliance. See Cal. Civil. Code 1798.140(d)(2) (West 2021).

  • Go. Code 59.1-571 (2022).

  • CRS 6-1-1303(22)(b)(III) (2022).

  • Utah Code Ann. 13-61-101(31)(b)(ii) (2022).

  • Although the CCPA does not contain an express exemption from the definition of “sale”, the CPRA provides that information made available to the general public by the consumer or widely disseminated by the media does not constitute “personal information” purposes of the law. See Cal. Civil. Code 1798.140(v)(2) (West 2021).

  • Go. Code 59.1-571 (2022).

  • CRS 6-1-1303(22)(b)(V)(B) (2022).

  • Utah Code Ann. 13-61-101(31)(b)(vi)(A) ​​(2022).

  • Utah Code Ann. 13-61-101(31)(b)(iii) (2022).