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Virginia: Bill to add requirements for cookie placement introduced to Senate

On January 9, 2024, Bill No. 252 to amend and reenact § 59.1-578 of the Code of Virginia, relating to Consumer Data Protection Act; controller privacy notice; cookies; consumer consent was introduced to the Senate and thereafter referred, on the same day, to the Committee on General Laws and Technology.

What are the main provisions of the bill?

The bill adds transparency obligations for controllers, concerning the use of cookies. In particular, the bill provides that controllers must include in their privacy notice a method by which a consumer may opt out of the automatic placement of a data file, commonly referred to as a 'cookie,' on the consumer's computer or web browser and disclosure of the purposes for which such cookies are used.

Additionally, controllers should not use cookies, except where strictly necessary, without the prior express consent of the consumer and should not prevent access to their services if such consent is not granted. Controllers should also provide an easily accessible method by which consumers can withdraw their consent, and controllers should document and store proof of the consent given.

You can read the bill here and track its progress here.

Update: February 13, 2024

Bill postponed to 2025 session

On January 31, 2024, the bill was postponed until the 2025 regular session of the Senate. 

You can read the bill here and track its progress here.