Virginia Governor Signs Consumer Privacy Law
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Update: The VCDPA was signed into law by Governor Ralph Northam without amendment on March 2, 2021. The VCDPA will become operative on January 1, 2023, and businesses should remain mindful of pending legislation in states like Washington, New York, Illinois and Massachusetts.
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
SB228 sponsor Sen. Michael McKell, R-Spanish Fork, describes his proposal as a “free speech bill” that would help hold operators of social media platforms responsible, and legally liable, for unfairly applying moderation rules stipulated in the terms of use agreements. These are the contracts that, though rarely read, are required of all users of free social media platforms like Twitter, Facebook, TikTok, YouTube, Instagram and others.
The bill chews at the edges of issues that have riled some federal lawmakers, including Utah Republican Sen. Mike Lee, that include allegations that social media companies are in the habit of unfairly suppressing or censoring conservative political content.
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On March 2, 2021, Virginia Governor Ralph Northam signed into
law the Consumer Data Protection Act (the VCDPA or the Act), making
Virginia the second state, following California, to grant consumers
broad privacy rights with respect to their personal information as
collected by businesses both within and outside the state. The
VCDPA will not take effect until January 1, 2023, but businesses
should begin now to assess their potential coverage and to map out
a plan for compliance.
Many businesses may have a head start on compliance if they have