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Under the Virginia Consumer Data Protection Act, Are Companies Required to Offer Consumers the Ability to Opt out Of Behavioral Advertising if They Have Already Received Opt-In Consent?

The Virginia Consumer Data Protection Act, which is scheduled to go into effect in 2023, states that a consumer has the right to “opt out of the processing of the personal data for purposes of [] targeted advertising . . . .”1 Unlike other state statutes, such as the CPRA, the Virginia Consumer Data Protection Act does not contain an exemption for situations in which a consumer has opted into the sharing of personal information in the first instance. As a result, even if a business has obtained the opt-in consent of a Virginia consumer (e.g., through an opt-in cookie banner), the business is still required to permit the consumer to select, at any time, to opt out to the further sharing of their personal information for the purposes of targeted advertising.

FOOTNOTE

1 Va. Code §59.1-573(A)(5) (2021).

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XI, Number 313
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About this Author

David A. Zetoony Privacy Attorney Greenberg Traurig
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David Zetoony, Co-Chair of the firm's U.S. Data, Privacy and Cybersecurity Practice, focuses on helping businesses navigate data privacy and cyber security laws from a practical standpoint. David has helped hundreds of companies establish and maintain ongoing privacy and security programs, and he has defended corporate privacy and security practices in investigations initiated by the Federal Trade Commission, and other data privacy and security regulatory agencies around the world, as well as in class action litigation. 

David receives regular recognitions from clients and peers for...

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