The Vermont Statutes Online

Title 9 : Commerce and Trade

Chapter 062 : Protection of Personal Information

Subchapter 005 : Data Brokers

• § 2446. Annual registration [Effective until January 1, 2027; see also§ 2446 effective January 1, 2027, set out below]

  (a) Annually, on or before January 31 following a year in which a person meets the definition of data broker as provided in section 2430 of this title, a data broker shall:

  (1) register with the Secretary of State;

  (2) pay a registration fee of $100.00; and

  (3) provide the following information:

  (A) the name and primary physical, email, and internet addresses of the data broker;

  (B) if the data broker permits a consumer to opt out of the data broker’s collection of brokered personal information, opt out of its databases, or opt out of certain sales of data:

  (i) the method for requesting an opt-out;

  (ii) if the opt-out applies to only certain activities or sales, which ones; and

  (iii) whether the data broker permits a consumer to authorize a third party to perform the opt-out on the consumer’s behalf;

  (C) a statement specifying the data collection, databases, or sales activities from which a consumer may not opt out;

  (D) a statement whether the data broker implements a purchaser credentialing process;

  (E) the number of data broker security breaches that the data broker has experienced during the prior year, and if known, the total number of consumers affected by the breaches;

  (F) where the data broker has actual knowledge that it possesses the brokered personal information of minors, a separate statement detailing the data collection practices, databases, sales activities, and opt-out policies that are applicable to the brokered personal information of minors; and

  (G) any additional information or explanation the data broker chooses to provide concerning its data collection practices.

  (b) A data broker that fails to register pursuant to subsection (a) of this section is liable to the State for:

  (1) a civil penalty of $50.00 for each day, not to exceed a total of $10,000.00 for each year, it fails to register pursuant to this section;

  (2) an amount equal to the fees due under this section during the period it failed to register pursuant to this section; and

  (3) other penalties imposed by law.

  (c) The Attorney General may maintain an action in the Civil Division of the Superior Court to collect the penalties imposed in this section and to seek appropriate injunctive relief. (Added 2017, No. 171 (Adj. Sess.), § 2, eff. Jan. 1, 2019.)

• § 2446. Data brokers; annual registration [Effective January 1, 2027; see also § 2446 effective until January 1, 2027, set out above]

  (a) Registration. A person, not more than 30 days after meeting the definition of a data broker and then once annually thereafter on or before July 1 of each year, shall:

  (1) register with the Secretary of State as a data broker;

  (2) pay a registration fee of $900.00;

  (3) maintain a bond in the amount of $20,000.00 that shall run to the State for any liability arising under this subchapter, provided that the action on the bond is brought within two years after accrual of the cause of action;

  (4) provide the following information about the data broker to the Secretary of State:

  (A) the name and primary physical, email, and internet addresses and phone number of the data broker;

  (B) a statement whether the data broker implements a purchaser credentialing process;

  (C) pursuant to section 2436 of this chapter, the number of data broker security breaches that the data broker has experienced during the prior year, and if known, the total number of consumers affected by the breaches;

  (D) where the data broker has actual knowledge that it possesses the brokered personal information of minors, a separate statement detailing the data collection practices, databases, sales activities, and opt-out policies that are applicable to the brokered personal information of minors;

  (E) whether the data broker:

  (i) collects the:

  (I) precise geolocation of consumers;

  (II) reproductive health care data of consumers;

  (III) biometric data of consumers;

  (IV) immigration status of consumers;

  (V) sexual orientation of consumers;

  (VI) union membership status of consumers;

  (VII) name, date of birth, zip code, email address, or phone number of consumers;

  (VIII) account login or account number of consumers in combination with any required security code, access code, or password that would permit access to a consumer’s account with a third party;

  (IX) driver’s license number, State identification card number, Social Security number, passport number, military identification number, or other unique identification number of consumers issued on a government document commonly used to verify the identity of a specific individual; or

  (X) mobile advertising identification number, connected television identification number, or vehicle identification number of consumers; and

  (ii) in the past year, has shared consumers’ data with or sold consumers’ data to:

  (I) a foreign actor;

  (II) the federal government;

  (III) other state or local governments;

  (IV) law enforcement, unless the data was shared pursuant to a subpoena or other court order; or

  (V) a developer of a GenAI system or model;

  (F) the three most common types of personal information that the data broker collects, if the data broker does not collect the information set forth in subdivisions (E)(i)(VII) and (E)(i)(IX) of this subdivision (4);

  (G) an electronic copy of the data broker’s:

  (i) bond, pursuant to subdivision (3) of this subsection (a); and

  (ii) current privacy policy;

  (H) any additional information or explanation the data broker chooses to provide concerning its data collection practices;

  (I) the URL of a page on the data broker’s website that:

  (i) if the data broker permits deletion, allows a consumer to request that a data broker delete the brokered personal information of the consumer; and

  (ii) informs consumers about the rights of consumers to opt out of the collection of the consumer’s brokered personal information, including:

  (I) whether the data broker permits a consumer to opt out of its databases, or opt out of certain sales of data;

  (II) the procedure for requesting an opt-out;

  (III) if the opt-out applies to only certain activities or sales, which activities or sales it applies to;

  (IV) whether the data broker permits a consumer to authorize an authorized agent to perform the opt out on the consumer’s behalf; and

  (V) the data collection, databases, or sales activities from which a consumer may not opt out; and

  (J) whether and to what extent the data broker or any of its subsidiaries is regulated by the Fair Credit Reporting Act; and

  (5) amend an existing registration the data broker has with the Secretary of State if required by this section or by the State upon the payment of an administrative fee of $100.00.

  (b) Penalties.

  (1) A data broker that fails to register as required by subsection (a) of this section is liable to the State for:

  (A) an administrative fine of $200.00 for each day the data broker fails to register;

  (B) an amount equal to the fees that were due during the period the data broker failed to register; and

  (C) any reasonable costs incurred by the State in the investigation and administration of the action as the court deems appropriate.

  (2) A data broker that fails to provide all registration information required in subdivision (a)(4) of this section shall file an amendment pursuant to subdivision (a)(5) of this section that includes any omitted information not later than 30 days after discovering or receiving notification of the omission and is liable to the State for a civil penalty of $1,000.00 per day for each day thereafter that the data broker does not file an amendment providing the omitted information.

  (3) A data broker that files materially incorrect information in its registration shall:

  (A) be liable to the State for a civil penalty of $25,000.00; and

  (B) correct the materially incorrect information by filing an amendment pursuant to subdivision (a)(5) of this section not later than 30 days after discovering or receiving notification of the incorrect information, and, if it fails to correct the information, the data broker shall be liable for an additional civil penalty of $1,000.00 per day for each day the data broker fails to correct the information.

  (c) Consumer rights web page. The Secretary of State shall create and maintain a publicly accessible page on its website that provides consumers with the following:

  (1) a downloadable spreadsheet of data brokers that have registered with the State along with the information a data broker provides during registration pursuant to subsection (a) of this section; and

  (2) any additional information about the rights consumers have pursuant to this subchapter.

  (d) Enforcement.

  (1) A person who violates a provision of this section commits an unfair and deceptive act in commerce in violation of section 2453 of this title.

  (2) The Attorney General has the same authority to adopt rules to implement the provisions of this section and to conduct civil investigations, enter into assurances of discontinuance, and bring civil actions as provided under chapter 63, subchapter 1 of this title.

  (e) Definitions. As used in this subchapter, “consumer” means an individual residing in this State and does not include an individual acting in a commercial or employment context or as an employee, owner, director, officer, or contractor of a company, partnership, sole proprietorship, nonprofit organization, or government agency whose communications or transactions with the data broker occur solely within the context of that individual’s role with the company, partnership, sole proprietorship, nonprofit organization, or government agency. (Added 2017, No. 171 (Adj. Sess.), § 2, eff. Jan. 1, 2019; amended 2025, No. 138 (Adj. Sess.), § 1, eff. January 1, 2027.)