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Virginia Takes Different Tack Than California With
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Virginia Takes Different Tack Than California With Data Privacy Law
Online businesses targeting Virginia consumers and have personal data of 100,000 consumers in the state must conform to the new statute.
Rarely do Virginia and California fall into the same legislative camp, but if the Virginia Consumer Data Protection Act is signed by its governor (as is widely expected), both states will have a sweeping data privacy act. And in the absence of a federal data privacy law, individual states continue to fill gaps centered on consumers, businesses, and the collection of data.
Who s Covered By VCDPA
Businesses that conduct business in the Commonwealth or produce products or services that are targeted to residents of the Commonwealth and that (i) during a calendar year, control or process personal data of at least 100,000 consumers or (ii) control or process personal data of at least 25,000 consumers and derive over 50% of gross revenue from the sale of personal data.
[co-author: John Pilch]
Rarely do Virginia and California fall into the same camp on legislation, but that may change with Virginia’s Consumer Data Privacy Act (the “Act”). The Virginia House of Delegates overwhelmingly passed the Act on January 29
th, and the Virginia Senate passed an identical companion bill on February 3
rd. If signed into law by Governor Northam, the Act would make Virginia the second state in the U.S. to enact sweeping consumer data privacy legislation.
The Act adopts consumer privacy concepts from the California Consumer Privacy Act (CCPA), the new California Privacy Rights Act (CPRA), and Europe’s General Data Protection Regulation (GDPR), including: