If your company buys, sells, or shares third party data for marketing, analytics, or identity purposes, you may be a “data broker” in the eyes of regulators — even if you don’t think of yourself as one. And even if you’re not, working with data brokers can still create significant compliance and litigation risk. This session will clarify who is a data broker, how companies unintentionally cross the line, and what you can do to manage exposure.

Topics include:

  • Defining the Data Broker Ecosystem
    • How the modern data broker ecosystem works — and why many companies are in it without realizing it.
    • “True” data brokers vs. companies that straddle the line.
    • Why you still need to care if you rely on or partner with data brokers.
  • Regulatory and Compliance Landscape
    • What to do if you are a data broker: registration and core obligations.
    • Practical ways to avoid becoming a data broker and stay on the “other side of the fence.”
    • Key state laws (including New Jersey), B2B data broker issues, and a brief look at the DELETE Act.
  • Litigation and Enforcement Trends
    • Current litigation and regulatory hot spots for data brokers and adjacent businesses.
    • FCRA intersections and exemptions: why companies with significant data are rarely “neither.”
    • Daniel’s Law, misappropriation of likeness cases, CIPA/SIPA trends, and enforcement under general state privacy laws (e.g., Colorado).
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