A Data Broker is a business, or unit or units of a business, separately or together, that knowingly collects and sells or licenses to third parties the brokered personal information of a consumer with whom the business does not have a direct relationship. 9 V.S.A. § 2430(4)(A).
Examples of a direct relationship with a business include if the consumer is a past or present; 9 V.S.A. § 2430(4)(B):
• customer, client, subscriber, user, or registered user of the business’s goods or services;
• employee, contractor, or agent of the business;
• investor in the business; or
• donor to the business.
The following activities conducted by a business, and the collection and sale or licensing of brokered personal information incidental to conducting these activities, do not qualify the business as a data broker; 9 V.S.A. § 2430(4)(C):
• developing or maintaining third-party e-commerce or application platforms;
• providing 411 directory assistance or directory information services, including name, address, and telephone number, on behalf of or as a function of a telecommunications carrier;
• providing publicly available information related to a consumer’s business or profession; or
• providing publicly available information via real-time or near-real-time alert services for health or safety purposes.
The phrase “sells or licenses” does not include; 9 V.S.A. § 2430(4)(D):
• a one-time or occasional sale of assets of a business as part of a transfer of control of those assets that is not part of the ordinary conduct of the business; or
• a sale or license of data that is merely incidental to the business.
Vermont Data Broker Law (9 V.S.A. ch. 62, subch. 5):
- § 2446. Annual registration
- § 2447. Data broker duty to protect information; standards; technical requirements
Annual Registration Fee
Please see “Fees & Filings” for the costs of registration.
Secretary of State Requirements
Whether filing online or by mail, an Annual Registration is required between January 1st and January 31st following each calendar year in which you meet the definition a data broker as provided at the top of this page. 9 V.S.A. § 2446(a).
Annual Registration: Online or by Mail
Online Annual Registration
Annual Registration by Mail
Please allow 7-10 business days for the processing of any filings received by mail.