April 18, 2021

Volume XI, Number 108

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April 16, 2021

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April 15, 2021

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Virginia Enacts Omnibus Privacy Law

On March 2, 2021, Governor Northam made Virginia the second state in the U.S. to enact a comprehensive privacy law, Virginia's Consumer Data Protection Act (CDPA).  We will follow-up with more discussion on how this impacts your business in the lead-up to the law's effective date (January 1, 2023, the same as CPRA), but here are a few highlights:

Individuals protected

CDPA regulates data related to Virginia residents in their individual or household capacity.  It specifically exempts individuals acting in a commercial or employment context (i.e., B2B or employee data).  

Regulated entities

CDPA regulates "controllers" and "processors" that meet this test: individuals or entities that conduct business in Virginia or produce products or services that are targeted to Virginia residents and meet one of two thresholds: (1) control or process personal data of at least 100,000 consumers or (2) control or process personal data of at least 25,000 consumers and derive over 50% of gross revenue from the sale of that data.  CDPA does not apply to Commonwealth agencies or political subdivisions of the Commonwealth, entities or data subject to the Gramm-Leach-Bliley Act, covered entities or business associates governed by HIPAA, non-profits or institutions of higher education.  

Enforceability

CDPA does not include a private right of action.  The law may only be enforced by the Virginia Attorney General's Office.  Entities have a 30-day notice and cure period to remedy any violations of the law before the AG can initiate an enforcement action.  

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Copyright © 2021 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume XI, Number 63
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About this Author

Taylor Ey, Intellectual property attorney, Womble Carlyle, Law Firm
Associate

Taylor is an associate in the Intellectual Property Practice Group in Womble Carlyle’s Research Triangle Park Office.

Education

J.D. | 2016 | Wake Forest University School of Law | cum laude | Notes and Comments Editor, Wake Forest Law Review, 2015-2016 | Teaching Assistant, Legal Analysis, Writing and Research I & II, Writing for Judicial Chambers

M.S. |2012 | The Ohio State University | Biomedical Engineering

B.S. | 2011 | The Ohio State University | Biomedical Engineering | Minor, Life Sciences | cum laude

919-484-2306
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