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Virginia: Bill to amend CDPA to enhance children's protections introduced to House

On January 10, 2024, House Bill 707 to amend the Virginia Consumer Data Protection Act (CDPA) in relation to protection for children was introduced to the Virginia House of Delegates. If enacted, the bill would introduce the requirements associated with the processing of children's data in specific circumstances, the uses of geolocation data, and the conducting of Data Protection Assessments (DPAs).

Processing of children's data 

In particular, the bill prohibits data controllers from processing the personal data of a known child for:

  • targeted advertising purposes;
  • the sale of personal data or profiling which produces legal or similarly significant effects; or
  • any purpose other than the purpose disclosed by the data controller at the time personal data was collected or that is reasonably necessary for and compatible with the disclosed purpose unless such processing is reasonably necessary to provide an online service, product, or feature. 

In addition, the bill prohibits the processing of the personal data of a known child without first obtaining consent from the child's parent or legal guardian. The bill also prohibits data controllers from collecting precise geolocation data from a known child unless specific exceptions apply.

Data protection assessment

In regard to DPA, the bill establishes a requirement for data controllers who offer any online service, product, or feature to children to conduct DPAs that address the purpose of such an online service, product, or feature, the categories of known children's personal data that is being processed, and the purposes the controller processes known children's data.

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

Update: February 5, 2024

Bill set aside after amendments 

On February 5, 2024, the bill was set aside and not acted upon after substitute amendments were introduced. The amendments to the bill included a definition for 'online service, product, or feature.' 

You can read the bill here and track its progress here

Update: February 6, 2024

Bill passed by House 

On February 6, 2024, the bill was read for the third time and passed by the Virginia House of Delegates.

You can read the bill here and track its progress here

Update: February 12, 2024

Bill referred to Senate Committee on Commerce and Labor

On February 7, 2024, the bill was referred to the Senate Committee on Commerce and Labor.

You can read the bill here and track its progress here

Update: February 20, 2024

Bill referred to Senate Committee on General Laws and Technology 

On February 19, 2024, the bill was referred to the Senate Committee on General Laws and Technology.

You can read the bill here and track its progress here

Update: March 4, 2024

Bill passes both houses

On March 4, 2024, the bill was passed by the Senate, following its approval by the Senate Committee on General Laws and Technology on February 28, 2024. The bill was passed by the Virginia House of Delegates on February 6, 2024.

You can read the bill here and track its progress here

Update: March 8, 2024

Bill enrolled

On March 7, 2024, the bill was enrolled. 

You can read the bill here and track its progress here

Update: March 11, 2024

Bill signed by House Speaker and Senate President

On March 8, 2024, the bill was signed by the President of the Senate after it was signed by the Speaker of the House on March 7, 2024.

You can read the bill here and track its progress here

Update: March 12, 2024

Bill sent to Governor for action

On March 11, 2024, the bill was enrolled and sent to the Governor of Virginia for action. 

You can read the bill here and track its progress here

Update: April 9, 2024

Governor submits amendments to the bill

On April 8, 2024, the Governor submitted amendments to the bill to the House. In particular, the Governor proposed 'an amendment in the form of a substitute' to the bill which would expand the scope of the bill to cover all minors under the age of 18.

You can read the substitute bill here, the bill here, and track its progress here

Update: April 18, 2024

House rejects Governor's amendments to bill 

On April 17, 2024, the House rejected the Governor's amendments to the bill. On the same day, the bill was sent back to the Governor.

You can read the bill here and track its progress here

Update: May 20, 2024

Governor approves bill

On May 17, 2024, the Governor approved the bill. The Act now takes effect on January 1, 2025.

You can read the Act here and view its legislative history here.