Virginia took one step closer the end of last week to becoming the second state with its own comprehensive data privacy legislation, as the Virginia General Assembly voted to send the Consumer Data Protection Act (“CDPA”) to the desk of Governor Ralph Northam.  Governor Northam has previously expressed support for the measure and is expected to sign the bill into law.  It would take effect on January 1, 2023 and set a framework for collecting, controlling, and processing personal data in the Commonwealth of Virginia.

CPW previously shared Lydia de la Torre‘s fantastic write up of the CDPA and some of the key differences between the CDPA and the California Consumer Privacy Act (“CCPA”).  Similar to the CCPA, the CDPA would give Virginia consumers the right to access their data, correct inaccuracies, and request the deletion of information. Virginia residents would also be able to opt out of data collection under certain circumstances.  However, the CDPA does not include a private right of action for data breaches: violations of the Virginia law are enforceable only by the state Attorney General.

We’ll continue to monitor the development of this important legislation for you.