Important Facts About VCDPA
Governor Ralph Northam (D) of Virginia officially enacted the Virginia Consumer Data Protection Act (VCDPA) in 2021, making Virginia the second state after California to do so. The VCDPA will become active on January 1, 2023.
Consumers have the right to view their data and ask corporations to erase their personal information under the VCDPA. Additionally, it mandates that businesses carry out data protection assessments when processing personal data for individualized marketing and sales initiatives.
The VCDPA requires data controllers to carry out data protection assessments for any processing of data that involves sensitive personal data, targeted advertising, selling of personal data, profiling, or any other activity that raises the possibility of harm to data subjects.
Data Subject Rights (DSRs) must be fulfilled within 45 days of being received under the VCDPA. Residents of Virginia won't be allowed to file lawsuits against lawbreakers directly. The state attorney general will be in charge of enforcement and may pursue penalties of up to $7,500 for each violation.
According to the VCDPA, opt-in consent must be obtained before processing children's personal data, using sensitive personal data, or using personal data for purposes other than those for which it was initially gathered.