Virginia is poised to become the second U.S. state to enact broad consumer privacy legislation. While the legislation draws some parallels with the California Consumer Privacy Act...
The Virginia Consumer Data Protection Act (CDPA) is headed to the Governor’s desk for signature within the next two weeks, and it looks like Virginia will be the second state (behind...
The bill applies to businesses processing consumers’ personal data or deriving a portion of gross revenue from the sale of personal data. It is expected to be signed by Gov. Ralph Northam in the coming weeks.
Virginia Expected to Become the Second State to Pass a CCPA Published on: 17 February 2021 at 12:00 p.m. ET Feb. 17, 2021, noon Feb. 17, 2021, 7:06 a.m. insideARM.com The iA Institute
http://www.insidearm.com/news/00047080-virginia-expected-become-second-state-pas/
After over a year of studying California’s Consumer Privacy Act and its impact, Virginia is poised to be the second state to pass its own version – to be known as the Consumer Data Protection Act (CDPA),[1] with an expected effective date of January 1, 2023. A handful of other states have similar bills pending at this time. Virginia’s law, like California’s, authorizes the Commonwealth of Virginia’s Attorney General to be its enforcer. Unlike California’s CCPA, Virginia’s law expressly prohibits lawsuits by private individuals.
To embed, copy and paste the code into your website or blog:
Virginia is for lovers and, in the near future, may be for privacy as well, as the Commonwealth’s legislature is currently considering adopting its own comprehensive consumer data privacy law: The Consumer Data Protection Act (CDPA).
The CDPA, which would establish a framework for controlling and processing personal data in Virginia, is comprised of House Bill 2307 and Senate Bill 1392, and appears to be close to crossing the goal line in Richmond. The House passed its bill on January 29, 2021, and subsequently referred it to the Senate Committee on General Laws and Technology on February 1. Similarly, the Senate unanimously passed its bill on February 3, and it was referred to the House Committee on Communications, Technology and Innovation on February 7. All that remains now is for the House and Senate to complete the reconciliation process and present the legislation to Governor Ralph Northam for his approval, which means the CDPA could be enacted soon. As such, we have provided a brief overview of the CDPA below:
To embed, copy and paste the code into your website or blog:
Virginia is set to become the second U.S. state to pass comprehensive data privacy legislation. Senate Bill 1392, called the Consumer Data Protection Act (“VCDPA” or the “Act”), passed the Virginia Senate by a vote of 39-0 on February 5, 2021, and the Virginia House of Delegates approved a companion bill (House Bill 2307) by a vote of 89-9 on January 29, 2021. The bills now await reconciliation, thought by some to be a mere formality. If passed, the law will establish a framework for controlling and processing personal data in the Commonwealth that parallels California legislation like the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”), as well as the European Union’s General Data Protection Regulation (“GDPR”). Notably, the Act does not create a private right of action for consumers, even in the case of a security incident. The law would take effect on January 1, 2023. This article includes a chart comparing certain provisions of the Act to the CCPA (as amended by the CPRA) and the GDPR, as well as a breakdown of key provisions.
Tech
your username
February 8, 2021
Following California’s lead with its California Consumer Privacy Act (CCPA), Virginia has unveiled two bills in its House of Delegates and Senate that were approved in their respective congressional branch and sent to the other for approval.
Both bills “establish( ) a framework for controlling and processing personal data” in Virginia. Accordingly, the bills “appl(y) 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 bills specifically detail responsibilities and standards for privacy protection for data controllers and processors. The bills also give consumers the “rights to access, correct, delete, and obtain a copy of personal data and to opt out of the processing of personal data for the purposes of targeted advertising.”
* Update, February 5, 2021: Senate Bill 1392 has been passed in the Virginia Senate. As noted, an identical companion bill previously was passed by the House of Delegates. If Governor...
To embed, copy and paste the code into your website or blog:
It’s a new year and it looks like 2021 is going to be another eventful one for privacy. In the past few weeks, we’ve seen several states introduce new privacy legislation, starting with Washington. On January 5, the Washington Privacy Act of 2021 (SB 5062) was introduced in the Washington State Senate and subsequently referred to the Environment, Energy & Technology Committee. SB 5062 incorporates key concepts from California’s Consumer Privacy Act (CCPA) and the European Union’s General Data Protection Regulation (GDPR), and empowers Washingtonians to control their personal data by granting new privacy rights and imposing corresponding obligations on businesses who collect and process this data. If passed, SB 5062 would take effect on July 31, 2022, with a four-year delayed effective date for higher education institutions and nonprofits.
To embed, copy and paste the code into your website or blog:
Once again, the Virginia legislature is set to consider comprehensive data privacy legislation. In the 2020 regular session of the Virginia General Assembly, the House of Delegates referred several bills dealing with privacy issues, including a proposed data privacy law, to the Virginia Joint Commission on Science and Technology for study.
This year, it appears Virginia is poised to seriously consider adoption of a broad consumer data privacy framework. Senate Bill 1392 , sponsored by Senator David Marsden (D-Fairfax), was introduced on January 13, 2021. House Bill 2307, sponsored by Delegate Cliff Hayes, Jr. (D-Chesapeake), was introduced on January 20, 2021. The bills create the “Consumer Data Protection Act.”