Virginia VCDPA (opt out of profiling, $7,500/violation)

Virginia Consumer Data Protection Act (HB 2307 / SB 1392, 2021) — Profiling Opt-Out and Data Protection Assessments
Virginia · Va. Code 59.1-575 to 59.1-585 (esp. 59.1-577, 59.1-580, 59.1-584); HB 2307 / SB 1392 (2021)

Status
In effect
Took effect
January 1, 2023
Applies to
Controllers and processors that conduct business in Virginia or target Virginia residents and meet the Act's data-volume thresholds.
Enforced by
Virginia Office of the Attorney General (exclusive enforcement).

Virginia's comprehensive privacy law gives consumers the right to opt out of 'profiling' used to make decisions producing legal or similarly significant effects, such as automated decisions affecting credit, housing, employment, or essential services. Businesses must obtain heightened consent before processing the data of a known child (via federal COPPA) and must conduct documented data protection assessments for higher-risk processing, including certain profiling. The Attorney General enforces the law and may seek up to $7,500 per violation; there is no private right of action.

Who is protected: Virginia residents acting in an individual/household context, including known children (via COPPA), whose personal data is processed by covered controllers.

Legal detail

The Consumer Data Protection Act, Va. Code 59.1-575 et seq. (HB 2307 / SB 1392, 2021), grants a right to opt out of profiling in furtherance of decisions producing legal or similarly significant effects (59.1-577), requires COPPA-compliant handling of known children's data, requires data protection assessments (59.1-580), and authorizes exclusive AG enforcement with civil penalties up to $7,500 per violation (59.1-584).

Key facts

JurisdictionVirginia
LevelState
StrengthLimited
EnactedMarch 2, 2021
CitationVa. Code 59.1-575 to 59.1-585 (esp. 59.1-577, 59.1-580, 59.1-584); HB 2307 / SB 1392 (2021)
Private right of actionNo, agency enforcement only
PenaltiesCivil penalties of up to $7,500 per violation, after a 30-day cure period.
Topicsconsumer data privacy · automated decision-making · consumer protection · children's online safety
StatuteCode of Virginia 59.1-577 — Personal data rights; consumers (Consumer Data Protection Act)

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