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Virginia has become the next US state to pass a comprehensive consumer data protection law which can be considered to be at par with other major state data privacy laws i.e. the California Consumer Protection Act (CCPA) -or the recently passed Consumer Privacy Rights Act (CPRA)- and Washington Privacy Act (WPA). This new law shall provide comprehensive privacy rights to state residents of Virginia and impose a new set of obligations and duties on businesses managing consumer personal data.
All consumers may invoke the following rights by sending a verified request to the data controller (in case of a child, the parent/guardian may send the request on behalf of the child):
The VCDPA does not apply to:
The Virginia Attorney General may issue a civil investigative demand to any controller or processor believed to be engaged in, or about to engage in, any violation.
The state AG also retains exclusive authority to enforce the VCDPA by bringing an action in the name of the Commonwealth, or on behalf of persons residing in the Commonwealth as well as reasonable expenses incurred in investigating and preparing the case, including attorney fees against violators.
Thus covered businesses must comply with the law or face civil penalties for non-compliance up to $7500 for each violation as well as an injunction to stop the violation from further continuing.
The Virginia Consumer Data Protection Act (VCDPA) is a privacy law in the state of Virginia, USA. It establishes regulations for how businesses handle and protect consumers' personal data, granting consumers certain rights over their data.
Yes, Virginia has the Virginia Consumer Protection Act (VCPA), which aims to protect consumers from deceptive or unfair trade practices.
While both CCPA (California Consumer Privacy Act) and VCDPA are consumer privacy laws, they have differences in terms of scope, requirements, and applicability. They both grant consumers rights over their data, but they apply to different jurisdictions (California and Virginia, respectively).
Yes, the Virginia Consumer Data Protection Act became effective on January 1, 2023.
The Virginia Consumer Data Protection Act protects consumers by prohibiting deceptive and unfair trade practices, giving consumers the right to sue for damages, and providing a mechanism for enforcement against businesses engaging in such practices.
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