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After the Success of the California Consumer Privacy Act (CCPA) in California, Virginia is now following the same path. The Virginia Consumer Data Protection Act (VCDPA) has been passed and will go into effect on 1st of January 2023. This law is closely designed after the newer California Privacy Rights Act (CPRA) but with a few significant and important differences.
SECURITI enables organizations to comply with the VCDPA through AI-driven PI data discovery, DSR automation, documented accountability, enhanced visibility into data processing activities and AI-driven process automation.
See how our comprehensive PrivacyOps platform helps you comply with various sections of VCDPA
With the DSR request format, create customized web forms according to your brand image and accept verified data subject rights requests. Automate the initiation of fulfillment workflows when verified requests are received.
VCDPA §59.1-571, VCDPA §59.1-574(A)(5)
Automatically maintain a central repository for all data assets, data processing, and vendor records with continuous scanning. Initiate PIAs/DPIAs, and dynamically update them based on changes to your data. Automatically discover new sensitive personal data and dynamically update your data catalog.
VCDPA §59.1-574(A)(3), § 59.1-577
Automatically classify and label discovered SPI (e.g., Government IDs, medical, financial, biometric records, etc.) to determine and implement appropriate security controls. Label each category according to its sensitivity level automatically.
Discover personal information stored across all your internal and external systems within the organization and link them back to a unique data subject. Also, visualize personal data sprawl and identify compliance risks.
Keep track of risks against non-compliance to data subjects’ rights by continuously monitoring and scanning data.
VCDPA §59.1-574(A)(2), VCDPA §59.1-574(A)(5)
Seamlessly demonstrate consent compliance to regulator and data subjects.Track consent revocation of the data subjects to prevent the processing or transfer of data without their consent.
Measure your organization's posture against VCDPA requirements with the help of our multi-regulation, collaborative, readiness and privacy impact assessment system. Seamlessly expand assessment capabilities across your vendor ecosystem to maintain compliance against DPA requirements.
Track, manage and monitor privacy and security readiness for all your service providers from a single interface. Collaborate instantly, automate data requests and manage all vendor contracts and compliance documents.
Under Virginia’s privacy laws, data subjects have the right to opt-out of the sale and disclosure of their sensitive personal information. Conveniently track and honor these requests using the Universal Consent solution.
Code of Virginia §18.2-186.6
Automate compliance actions and breach notifications to concerned stakeholders with regards to security incidents by leveraging a knowledge database on security incident diagnosis and response.
Data subjects have the right to be notified about the processing of their personal data and the purposes for which such processing is being conducted by the data controller.
A data subject has the right to obtain confirmation as to whether or not personal data concerning him or her has been collected or is being processed by the data controller.
A data subject has the right to access personal data collected or being processed about him or her by the data controller.
The consumer has a right to have inaccurate personal data being stored or processed by the data controller be corrected.
The data subject has the right to request the data controller for the erasure of his or her personal data concerning him or her.
The consumer has a right to obtain a copy of his/her personal data, in a portable, technically feasible and readily usable format that allows the consumer, where the processing is carried out by automated means, to transmit the data to another controller without hindrance.
The consumer has the right to opt out of the processing of the personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.
Virginia is the second US State to pass a comprehensive data privacy law.
The VCDPA goes into effect on January 1, 2023.
Data controllers will have to conduct data protection assessments for processing which includes targeted advertising, sale of personal data, profiling, sensitive personal data or any other activity which presents a heightened risk of harm to data subjects.
The obligation to conduct data protection assessments would only be required for processing activities created or generated after January 1, 2023 and would not be retroactive.
The VCDPA defines minors as someone under 13 year old and provides them additional protection.
Businesses can face civil penalties for non-compliance up to $7500 for each violation under the VCDPA.
There is no 12 months time limit as found in the CPRA or CCPA after which the business can re-ask for the consent of the consumer who chooses to exercise the right to opt-out.
DSRs need to be fulfilled within 45 days of being received under the VCDPA.
Broadly exempts personal data processed for