What is Considered a Sale of Personal Data in the Delaware Personal Data Privacy Act (“DPDPA”)?
Sale of personal data means the exchange of personal data for monetary or other valuable consideration by the controller to a third-party.
Sale of personal data does not include any of the following:
a. The disclosure of personal data to a processor that processes the personal data on behalf of the controller where limited to the purpose of such processing.
b. The disclosure of personal data to a third party for purposes of providing a product or service affirmatively requested by the consumer.
c. The disclosure or transfer of personal data to an affiliate of the controller.
d. The disclosure of personal data where the consumer directs the controller to disclose the personal data or intentionally uses the controller to interact with a third party.
e. The disclosure of personal data that the consumer intentionally made available to the general public via a channel of mass media, and did not restrict to a specific audience.
f. The disclosure or transfer of personal data to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other similar transaction in which the third party assumes control of all or part of the controller’s assets, or a proposed merger, acquisition, bankruptcy, or other similar transaction in which the third party assumes control of all or part of the controller’s assets.
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