Wednesday, April 7, 2021
Virginia has joined California as the second state to enact a comprehensive data privacy law. On March 2, 2021, Virginia Governor Ralph Northam signed the Virginia Consumer Data Protection Act (VCDPA) into law. The VCDPA does not go into effect until January 1, 2023, but the broad privacy mandate will have an immediate impact on compliance efforts for many Virginia businesses.
The law includes elements similar to those found in the California Consumer Privacy Act (CCPA) and the newly enacted California Privacy Rights Act (CPRA), such as provisions granting Virginia residents the right to access, correct, delete, know about, and opt out of the sale and processing of their personal information for “targeted advertising” purposes. Similar to the European Union’s privacy analog, the General Data Protection Regulation (GDPR), the VCDPA imposes data security and consumer response obligations on the data “controller” and “processor”
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Virginia has joined California as the second state to enact a comprehensive data privacy law. On March 2, 2021, Virginia Governor Ralph Northam signed the Virginia Consumer Data Protection Act (VCDPA) into law. The VCDPA does not go into effect until January 1, 2023, but the broad privacy mandate will have an immediate impact on compliance efforts for many Virginia businesses.
The law includes elements similar to those found in the California Consumer Privacy Act (CCPA) and the newly enacted California Privacy Rights Act (CPRA), such as provisions granting Virginia residents the right to access, correct, delete, know about, and opt out of the sale and processing of their personal information for “targeted advertising” purposes. Similar to the European Union’s privacy analog, the General Data Protection Regulation (GDPR), the VCDPA imposes data security and consumer response obligations on the data “controller” a
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Keypoint: It was another busy week with developments in Washington, Florida, Oklahoma, Alaska, Nevada, and Rhode Island.
For the sixth week in a row, we are providing an update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide three notes.
First, we are pleased to announce the results of our poll on whether to call Virginia’s new privacy law – the Virginia Consumer Data Protection Act – the CDPA or VCDPA. By an overwhelming 85-15% margin readers prefer VCDPA to CDPA.
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Like the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act of 2020 (CPRA), the Virginia Consumer Data Protection Act (VCDPA) does not grant a private right of action for alleged violations of its obligations. Rather, enforcement of the VCDPA is the exclusive province of the attorney general (AG) of Virginia.
All Fair Information Practice Principles (FIPPs) state that organizations should be accountable for complying with the measures that give effect to the other principles we ve discussed throughout this series (
e.g., data quality, purpose specification, use limitation, individual participation, etc.). In this fifth and final installment of our series on the VCDPA, we review the ways in which the VCDPA will be enforced, both inside and outside of court. We also compare Virginia s enforcement mechanisms with California s and give helpful compliance guidance to businesses that will be g
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