What is a ‘Sale’ in CCPA?
Under the California Consumer Privacy Act (CCPA) sale is defined as:
“selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information to another business or a third party for monetary or other valuable consideration.”
In short, a sale under CCPA is a disclosure of personal information to a third party in exchange for money or other valuable consideration.
A third party can be anyone other than the business that collects the personal information. “Consideration” is not clearly defined in CCPA, however, it is a concept central to contract law and is defined in the California Civil Code.
CCPA requires that businesses provide consumers with the right to opt-out of the sale of personal information. Businesses are required to provide a clear and conspicuous way for users to opt out, such as a prominent “Do Not Sell My Personal Information” link on their websites.