1. (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. (1) The marginal value to the business of the sale, collection, or deletion of a consumer's data.
   2. (2) The average value to the business of the sale, collection, or deletion of a consumer's data.
   3. (3) The aggregate value to the business of the sale, collection, or deletion of consumers' data divided by the total number of consumers.
   4. (4) Revenue generated by the business from sale, collection, or retention of consumers' personal information.
   5. (5) Expenses related to the sale, collection, or retention of consumers' personal information.
   6. (6) Expenses related to the offer, provision, or imposition of any financial incentive or price or service difference.
   7. (7) Profit generated by the business from sale, collection, or retention of consumers' personal information.
   8. (8) Any other practical and reasonably reliable method of calculation used in good faith.
2. (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.

History

1. Change without regulatory effect renumbering section 999.337 to new section 7081 filed 5-5-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 18).

2. Amendment of subsection (a) filed 3-29-2023; operative 3-29-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 13).