-
(a) A business offering a price or service difference subject to Civil Code section 1798.125 shall use and document a reasonable and good-faith method for calculating the value of the consumer’s data. The business shall consider one or more of the following:
-
(1) The marginal value to the business of the sale, collection, or deletion of a consumer’s data.
-
(2) The average value to the business of the sale, collection, or deletion of a consumer’s data.
-
(3) The aggregate value to the business of the sale, collection, or deletion of consumers’ data divided by the total number of consumers.
-
(4) Revenue generated by the business from sale, collection, or retention of consumers’ personal information.
-
(5) Expenses related to the sale, collection, or retention of consumers’ personal information.
-
(6) Expenses related to the offer, provision, or imposition of any financial incentive or price or service difference.
-
(7) Profit generated by the business from sale, collection, or retention of consumers’ personal information.
-
(8) Any other practical and reasonably reliable method of calculation used in good faith.
-
(b) For the purpose of calculating the value of consumer data, a business may consider the value to the business of the data of all natural persons in the United States and not just consumers.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.125,1798.130 and 1798.185, Civil Code.