Virginia
Code/Regulations
Effective Date: January 1, 2023
Details
Threshold
Conduct business or produce goods or services that are targeted to Virginia residents, and either:
- control or process personal data of more than 100,000 residents’ data per year; or
- derive over 50 percent of gross revenue from the sale of personal data of at least 25,000 residents
Definition of "Personal Data"
Any information that is linked or reasonably linkable to an identified or identifiable natural person. Does not include de-identified data or publicly available information. Personal data does not include data from people acting in an employment or commercial context.
Definition of "Sale"
Exchange of personal data for monetary consideration by controller to third party
Data-Protection Assessments
Required for targeted advertising, sale, sensitive data, certain profiling
Opt-In Consent Required for Processing Sensitive Data
Consumer Rights to Confirm Processing, Request Access, Correction, Deletion & Portability
Yes
Consumer Right to Opt Out of Sale
Yes
Consumer Right to Opt Out of Targeted Ads/Sharing
Yes
Consumer Right to Opt Out of Profiling
Yes
Pseudonymous Data Exempt from Consumer Requests
Yes
Appeal Rights
Yes
Universal Opt-Out Mechanism Required Recognition/Date
None
Data of Minors
Process sensitive data of a known child in accordance with COPPA
GLBA Exemption
Yes (entity-level)
HIPAA Exemption
Yes (entity-level)
Applies/Does Not Apply to Personal Information in a Commercial or Employment Context
Does not apply to commercial or employment context; applies in an individual or household context
Nonprofit Exemption
Yes
Private Right of Action
No
Cure Period
30 Days
Cure Period Expiration
None
Enforcement Authority/Damages
Attorney General/up to $7,500 per violation
Disclaimer: States may periodically amend their laws and regulations and such amendments may affect or modify certain legal requirements or compliance obligations. There is no guarantee that this research is up to date as laws and regulations in the state consumer data privacy space continue to evolve. You should consult an attorney to assess the applicability of any existing, new, or proposed state consumer data privacy laws. By accessing this site, you acknowledge your understanding that the underlying content is not a replacement for legal counsel and does not constitute legal advice.