February 5, 2021 | less than a minute read

Introducing the Virginia Consumer Data Protection Act

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Karen Lust

Counsel

Get in touch

Karen Lust

Counsel

The Virginia Consumer Data Protection Act has broad support in both houses, and may be signed into law by Virginia's governor at the end of the month following the third reading on February 5, 2021. While the proposed law does not allow for a private right of action by consumers, it does propose funding for Virginia's Attorney General to enforce the law by way of a Consumer Privacy Fund.

As currently drafted, the law will provide for various data subject rights (opt-out, access, rectification/correction, portability, and deletion), and will require data impact assessments done for processing activities after January 1, 2023 (the operative date of its much more robust cousin, the CPRA).

Senate Bill 1392 unanimously passed its first and second readings by the Virginia Senate with 39-0 votes on Feb. 3 and 4. Those votes follow an 89-9 vote on Jan. 29 from the House of Delegates to approve SB1392's companion bill, House Bill 2307. ... In its current form, the bill applies to businesses that control or process data for at least 100,000 Virginians or those that make 50% of their gross revenue from the sale of personal data and control or process personal data of at least 25,000 consumers.

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