VCDPA (Virginia)

VCDPA (Virginia Consumer Data Protection Act) is a privacy law in the state of Virginia, USA, that grants Virginia residents greater control over their personal data. The VCDPA was signed into law on March 2, 2021, and came into effect on January 1, 2023. It is designed to protect the privacy and rights of consumers while holding businesses accountable for how they collect, process, store, and share personal data.

Key provisions of the VCDPA include:

1. Consumer Rights:

   • Right to Access: Consumers have the right to request access to the personal data that businesses collect about them.
   • Right to Correct: Consumers can request the correction of inaccurate personal data held by businesses.
   • Right to Delete: Consumers can request the deletion of their personal data, with some exceptions (e.g., when the data is needed for legal compliance or contractual purposes).
   • Right to Data Portability: Consumers can request a copy of their personal data in a format that allows them to transfer it to another service provider.
   • Right to Opt-Out: Consumers have the right to opt-out of the sale of their personal data or the use of their data for targeted advertising and profiling.

2. Data Processing Requirements:

   • Transparency: Businesses must provide clear and understandable privacy notices explaining how personal data is collected, used, and shared, including information on the rights available to consumers under the VCDPA.
   • Purpose Limitation: Personal data can only be collected for specified, legitimate purposes and should not be processed beyond what is necessary to fulfill those purposes.
   • Data Minimization: Businesses must only collect and retain the personal data necessary for the intended purpose and must avoid excessive data collection.

3. Data Protection Measures:

   • Security: Businesses are required to implement reasonable data security measures to protect consumer data from unauthorized access, disclosure, and breaches.
   • Data Processing Contracts: Businesses must establish contracts with third-party processors to ensure that they comply with the data protection provisions of the VCDPA.

4. Enforcement:

   • Enforcement Authority: The Virginia Attorney General has the authority to enforce the VCDPA. If violations occur, the Attorney General can seek civil penalties of up to $7,500 per violation.
   • Right to Cure: Before taking legal action, businesses are given a 30-day window to address any violations by taking corrective actions. If businesses do not comply, they may be subject to fines.

5. Exemptions:

   • The VCDPA does not apply to certain entities, including:
     • Personal data collected for employment purposes.
     • Data governed by HIPAA (Health Insurance Portability and Accountability Act) or other sector-specific regulations.
     • Small businesses that do not meet certain thresholds regarding revenue or data processing activities.

The VCDPA is one of several state-level privacy laws in the U.S. that grants consumers more control over their personal data. It aims to create a balanced framework that provides consumers with rights over their data while ensuring businesses can continue to operate efficiently.

The law is designed to foster trust between businesses and consumers by ensuring that businesses are transparent in how they handle personal information and by offering consumers greater autonomy over their data.