Virginia | Consumer Data Protection Act, signed

On March 02, 2021, the Virginia Consumer Data Protection Act signed by the Governor. It establishes a framework for controlling and processing personal data in the Commonwealth.

Applicability:

The Act applies to all persons that conduct business in the Commonwealth and either

(i) control or process personal data of at least 100,000 consumers; or

(ii) derive over 50 percent of gross revenue from the sale of personal data and control or process personal data of at least 25,000 consumers.

The Act does not apply to state or local governmental entities and contains exceptions for certain types of data and information governed by federal law.

Key Features:

  • outlines responsibilities and privacy protection standards for data controllers and processors.
  • grants consumer rights to access, correct, delete, obtain a copy of personal data, and to opt out of the processing of personal data for the purposes of targeted advertising.
  • provides that the Attorney General has exclusive authority to enforce violations of the law, and the Consumer Privacy Fund is created to support this effort.
  • directs the Joint Commission on Technology and Science to establish a work group to review the provisions of this act and issues related to its implementation, and to report on its findings by November 1, 2021.

Effective date: January 1, 2023.

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