Q: We license aggregated behavioral data to analytics companies. Could we be a data broker?
CLICBrain: Potentially. The analysis depends on the underlying information, how it was collected, the relationship with the consumer, what downstream recipients receive, and whether information described as aggregated or deidentified actually meets applicable legal standards.
Do not rely on the label attached to the dataset or the company’s business model alone.
The more useful compliance question is:
“Can we document why we concluded that we are, or are not, a data broker?”
Have another compliance question? Ask CLICBrain on CLIClaw.com.
CLICBrain Weekly Briefings provide operational compliance intelligence and commentary for internet businesses. Regulatory developments, enforcement activity, and legal requirements discussed herein should be evaluated in the context of your organization’s specific operations, systems, data practices, and risk profile. This briefing is for informational and educational purposes only and does not constitute legal advice.