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Virginia’s Consumer Data Protection Act (VCDPA) Readiness Assessment

The Virginia Consumer Data Protection Act (VCDPA), passed by the Commonwealth of Virginia in 2021, gives the people of Virginia control over personal data businesses have gathered about them.

  • VCDPA applies to all businesses in Virginia or those who produce products or services that are targeted to residents of Virginia and “control and process” the personal data of at least 100,000 Virginia residents or for an entity that derives over half (50%) of its gross revenue from the sale of personal data, of at least 25,000 Virginia residents.
  • VCDPA exempts public/government bodies, GLBA entities, HIPAA/HITECH-covered entities, and COPPA-compliant entities.
  • VCDPA empowers consumers with data subject rights, which can be honored by sending a verified request to the data controller.
  • Covered businesses must comply with the law or face civil penalties for non-compliance up to $7500 for each violation and an injunction to stop the violation from continuing further.

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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.

VCDPA Readiness Assessment

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How Securiti’s VCDPA Readiness Assessment Helps You

Securiti's VCDPA Readiness Assessment determines if an organization has taken the proper administrative, legal, and technical steps to ensure that it complies with the VCDPA and all other applicable privacy laws and whether the organization has fully utilized all of its available data protection resources.

Securiti's VCDPA Readiness Assessment is more than just a checklist; it involves participants from all business sectors. It uses questions and feedback to detect risks from discrepancies between present organizational policies and legal requirements.

Whether you're a start-up or a well-established organization, you must ensure swift compliance if you fall under the covered category of the VCDPA. This assessment has been painstakingly created to make sure it thoroughly examines an organization's VCDPA compliance.

Start right away to see how VCDPA-compliant your company is.

Our Readers Frequently Ask:

Here are some other frequently asked questions users generally have on the topic:

VCDPA Readiness Assessment enables you to learn more about the law and how it applies to your business.

The VCDPA takes effect on January 1, 2023, necessitating organizations anticipating being covered by the regulation to begin implementing compliance measures.

Under the VCDPA, consumers have the right to be notified, the right to confirmation, the right to access, the right to rectification, the right to erasure, the right to portability, and the right to opt-out.

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