Virginia Proposes Amendment to VCDPA

A new Bill has passed the House and been referred to the Senate Committee on General Laws and Technology. This Bill proposes an amendment to the Virginia Consumer Data Protection Act (VCDPA) which is due to come into effect on January 1, 2023.

Current Provision

Under the current VCDPA regulations controllers must obtain consent to be able to process a consumer’s sensitive data. Alongside this, they are also unable to process a known child’s sensitive data in contradiction of the Children’s Online Privacy Protection Act (COPPA). COPPA imposes certain requirements on operators of websites or online services directed to children under 13 years of age. They also apply to operators of other websites or online services that are knowingly collecting personal information online from a child under 13 years of age.

Proposal

The new proposal will change the above provisions and if passed will come into effect with VCDPA. The new Bill is that a consumer’s consent would not be required to process sensitive data is that data is solely used for marketing, advertising or fundraising purposes. It would also not be needed for communications or information sharing. If the decisions won’t result in legal or similarly significant effects on the consumer, their consent would not be needed.

The clock is ticking until VCDPA comes into effect. Make sure you and your company are prepared. Contact us today to find out how we can take the hard work out of getting ready. We make privacy simple so you can do what you do best.

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