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Virginia Passes New Consumer Data Protection Act (CDPA)

Virginia Passes New Consumer Data Protection Act (CDPA)

The Virginia Consumer Data Protection Act (CDPA) was recently passed, becoming the second U.S. state to enforce state data protection laws. While some of the provisions mirror the EU’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), the below highlights the new requirements set forth in Virginia.

When is it effective and who does it apply to?

  1. minimum of 100,000 Virginians OR 
  2. that manage personal data for at least 25,000 residents AND make 50% of their gross revenue from the sale of that information.

What are the Consumer Rights?

  1. information about race
  2. religion
  3. sexual orientation 
  4. information collected from children
  5. biometric and geolocation data.

How is this different from the CCPA?

References: 

  1. 2020 Virginia Senate Bill No. 1392, Virginia 2021 First Special Session, 2020 Virginia Senate Bill No. 1392, Virginia 2021 First Special Session
  2. Id.
  3. John Fitzgerald. Virginia becomes 2nd state with comprehensive consumer data privacy law , 2021 WL 799176 (Mar. 3, 2021).
  4. Id.
  5. Id.
  6. Id.

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