The Virginia Consumer Data Protection Act, enacted in 2021 and effective January 2023, is a state law that grants Virginia residents rights over the personal data collected about them by businesses, including the rights to access, correct, delete, and obtain a copy of their data, and to opt out of the sale of personal data and its use in targeted advertising. It was the second comprehensive consumer data privacy law enacted by a United States state, following California's data privacy laws, and it imposes data protection assessment requirements on businesses that process sensitive personal data. The Act is enforced exclusively by the Virginia Attorney General, without a private right of action for individuals.
Facts
EraSourced to the subject's own accountEnacted 2021 (Acts of Assembly 2021, Special Session I, chapters 35 and 36); codified as Chapter 53 of Title 59.1 of the Code of Virginia. 1 Promulgated BySourced to the subject's own accountVirginia General Assembly. 1 Jurisdiction ScopeSourced to the subject's own accountCommonwealth of Virginia; applies to persons conducting business in Virginia or producing products or services targeted to Virginia residents that meet the statute's data-volume thresholds. 1 Regulatory DomainSourced to the subject's own accountConsumer data privacy protection. 1 Cross-Tradition Connections
In Legal System
United States state statute, within the common law tradition.
Sources
1. Code of Virginia, Title 59.1, Chapter 53 (Consumer Data Protection Act)
Virginia General Assembly, Division of Legislative Automated SystemsVa. Code Sec. 59.1-576, history note (era)Quote, Va. Code Sec. 59.1-576, history note (era)
2021, Sp. Sess. I, cc. 35, 36.
1. Code of Virginia, Title 59.1, Chapter 53 (Consumer Data Protection Act)
Virginia General Assembly, Division of Legislative Automated SystemsVa. Code Sec. 59.1-576(A) (promulgated-by)Quote, Va. Code Sec. 59.1-576(A) (promulgated-by)
This chapter applies to persons 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 percent of gross revenue from the sale of personal data.
1. Code of Virginia, Title 59.1, Chapter 53 (Consumer Data Protection Act)
Virginia General Assembly, Division of Legislative Automated SystemsVa. Code Sec. 59.1-576(A) (jurisdiction-scope)Quote, Va. Code Sec. 59.1-576(A) (jurisdiction-scope)
This chapter applies to persons 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 percent of gross revenue from the sale of personal data.
1. Code of Virginia, Title 59.1, Chapter 53 (Consumer Data Protection Act)
Virginia General Assembly, Division of Legislative Automated SystemsVa. Code Sec. 59.1-576(A) (regulatory-domain)Quote, Va. Code Sec. 59.1-576(A) (regulatory-domain)
This chapter applies to persons 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 percent of gross revenue from the sale of personal data.
Major Legal Systems in the World Today
Rene David and John E.C. Brierley, Stevens and Sons, 1985In Legal System: Law of the United States
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