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Virginia Consumer Data Protection Act: Here Comes the Next State Privacy Law of the Land | Arent Fox
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Virginia Consumer Data Protection Act: What Businesses Need To Know - Privacy
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March 5, 2021
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For over two and a half years, California has enjoyed the spotlight of having the most comprehensive data privacy law in the United States. On March 2, 2021, Virginia forced California to share the honors, when Democratic Gov. Ralph Northam signed into law the Virginia Consumer Data Protection Act (VCDPA).
The VCDPA, which will not enter into effect until January 1, 2023, borrows heavily from the California Consumer Privacy Act (CCPA) and the European Union (EU) General Data Protection Regulation (GDPR). Perhaps because Virginia was able to benefit from the experience of businesses that have spent the better part of the last five years implementing the GDPR or the CCPA, the Virginia law is less prescriptive and more straightforward than its predecessors, with (one would hope) a correspondingly lighter implementation burden on companies. Nonetheless, there is just enough different in the VCDPA that businesses with a connection to Virginia will need to evaluate
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On March 2, Virginia s Democratic Governor Ralph Northam signed into law the nation s second major piece of state legislation that governs consumer data privacy and protection. Virginia s Consumer Data Protection Act (CDPA) follows the California Consumer Privacy Act (CCPA), which went into effect on January 1, 2020. In a referendum last fall, California citizens voted to amend the CCPA by approving the California Privacy Rights and Enforcement Act (CPRA), which will mostly go into effect on January 1, 2023.
All three laws follow the European Union s landmark data protection law, the General Data Protection Regulation (GDPR), implemented on May 25, 2018. Although the CCPA, CPRA and CDPA borrow heavily from the GDPR, each data privacy vehicle contains provisions that vary from the other laws.
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The Children’s Advertising Review Unit (CARU) recently brought an action against the National Fluid Milk Processor Promotion Board (MilkPEP) over concerns with MilkPEP’s television commercial depicting individuals skateboarding without the appropriate safety gear.
Ultimately, despite measures implemented to mitigate risk, CARU concluded that the MilkPEP commercial violated CARU’s Self-Regulatory Program for Children’s Advertising (the “Guidelines”).
The CARU Guidelines
CARU requires advertisers to take caution to demonstrate safe practices for children. In relevant part, the Guidelines state that advertisers “should take into account that children…may imitate product demonstrations or other activities depicted in advertisements,” and that advertisements “should not portray adults or children in unsafe situations or in acts harmful to themselves or others.” In other words, “[w]hen certain act
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