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Introduction Consistent with a growing national trend, Virginia joined California in recently passing consumer privacy legislation with broad national reach. Both the Virginia Consumer Data Protection Act (Virginia CDPA) and the California Privacy Rights Act (CPRA) take effect on Jan. 1, 2023, following closely behind the recently passed and enacted California Consumer Privacy Act (CCPA), which went into effect in January 2020. Kramer Levin developed the following checklist to help businesses better understand: Whether these laws apply to your business What consumer rights they create How to ...

consumers or households. The CPRA also clarifies that the revenue threshold of $25 million applies to revenue from the “preceding calendar year.” § 1798.140(d)(1)(A) and (B). Restriction on Legislature to Amend: Finally, in response to critics who alleged that the original CCPA became “watered down” by the legislative process, the CPRA limits the power of the state legislature to change the law. The California Legislature may only pass amendments to the statute that “are consistent with and further [its] purpose and intent.” CPRA Section 25.  Tasks for 2021 Updating Links and P...

[co-author: Harsimar Dhanoa]* This is the fourth installment in our series on the California Privacy Rights Act, which takes effect January 1, 2023. As we have previously highlighted, the California Privacy Rights Act (CPRA) has created several new consumer rights that will require businesses to change existing California Consumer Privacy Act (CCPA) compliance programs. While various existing consumer CCPA rights will continue, such as access and deletion rights, those rights have been modified. The CPRA will also include new consumer rights to opt-out of the “sharing” of their personal i...

On January 19, 2021, the U.S. Department of Commerce (“DOC”) issued an interim final rule governing transactions in Information and Communication Technology or Services (“ICTS”)...

not exhaustive or final, but can be revised by DOC as necessary. The scope of prohibited transactions are those between U.S. persons and a “person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary,” which includes: Any person, wherever located, who acts as an agent, representative, employee, or any other capacity at the order, request, direction, or control of a foreign adversary; A person whose activities are directly or indirectly supervised, directed, controlled, financed or subsidized in whole or in majority part by a foreign adversary; Any pe...