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Virginia: Governor signs SB 534 into law to amend provisions of Consumer Data Protection Act

The Governor of Virginia signed, on 11 April 2022, Senate Bill ('SB') 534 and an identical bill, House Bill ('HB') 714, to amend §59.1-575 and §59.1-584 of the Virginia Consumer Data Protection Act of 2021 ('CDPA'). In particular, SB 534 amends the CDPA by:

  • deleting provisions on the the consumer Privacy Fund established under §59.1-585;
  • adding the definition of a political organisation;
  • adding a provision that states that all civil penalties, expenses, and attorney fees collected shall be paid into the state treasury and credited to the Regulatory, Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund; and
  • incorporating amendments proposed under SB 516 with respect to amendments to the definition of a 'nonprofit organisation'.

As such, SB 534  will become effective on 1 January 2023.

You can read SB 534 and view its history here.