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Everything to Know about Virginia’s Consumer Data Protection Act (VCDPA)

The Commonwealth of Virginia passed the Virginia Consumer Data Protection Act (VCDPA) in 2021 to empower Virginian's additional control over the personal information that businesses have collected about them.

  • The VCDPA applies to all Virginian businesses, as well as those who "control and process" the personal data of at least 100,000 Virginia residents or for entities that derive more than half (50%) of their gross revenue from the sale of personal data of at least 25,000 Virginia residents.
  • Public and governmental organizations, GLBA entities, HIPAA/HITECH-covered entities, and COPPA-compliant entities are all exempt from the VCDPA.
  • Consumers have the ability to exercise their data subject rights under the VCDPA by submitting a verified request to the data controller.
  • Covered businesses must ensure VCDPA compliance or risk civil fines for non-compliance of up to $7500 for each infringement, as well as an injunction to prevent subsequent violations.

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Important Facts About VCDPA

The Virginia Consumer Data Protection Act (VCDPA), which the Virginia State Governor approved on March 2, 2021, is the state's main consumer data protection law. On January 1, 2023, VCDPA will go into effect, making it the second US state after California to have its own version of this regulation.

According to the VCDPA, consumers have the right to see their data and request that businesses delete their personal information. Additionally, when processing personal data for specialized marketing and sales operations, VCDPA requires organizations to conduct data protection assessments.

Under the VCDPA, data controllers must conduct data protection assessments for any processing of data involving sensitive personal data, targeted advertising, the sale of personal data, profiling, or any other activity that raises the risk of harm to data subjects.

Data Subject Rights (DSRs) must be fulfilled within 45 days. Virginians won't be able to bring cases directly against lawbreakers. Enforcement will be handled by the state attorney general, who has the authority to seek fines of up to $7,500 for each infraction.

The VCDPA states that prior to processing children's personal data, using sensitive personal data, or using personal data for purposes other than those for which it was initially collected, opt-in consent must be sought.

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How Can Securiti Help You

As the global principles of accessing, safeguarding, and sharing personal data continue to advance., businesses must become even more privacy-conscious in their activities and responsible guardians of their users' data while automating privacy and security processes to allow for swift compliance.

Securiti enables businesses to comply with VCDPA’s regulations and avoid noncompliance penalties. With Securiti, businesses can automate their processes and utilize universal consent management, data classification, DSR automation, and assessment automation.

Begin your VCDPA compliance journey with Securiti today.

Award-winning technology, built by a proven team, backed by confidence. Learn more.

Our Readers Frequently Ask

Virginia Consumer Data Protection Act (VCDPA) is Virginia's data privacy law that regulates the collection and handling of personal information from Virginia residents. It outlines important rights, such as the right to opt-out of having personal information from being sold to outside parties or used for targeted advertising.

Organizations that are to be subject to the VCDPA must start putting compliance procedures in place before the legislation goes into effect on January 1, 2023.

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