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Virginia: State House of Delegates passes companion CDPA

House Bill ('HB') 2307 to Amend the Code of Virginia Amend the Code of Virginia by adding in Title 59.1 a Chapter Numbered 52, Consisting of Sections Numbered 59.1-571 - 59.1-581, relating to the Consumer Data Protetion Act ('CDPA') passed, on 29 January 2021, in the Virginia State House of Delegates and was referred, on 2 February 2020, to the Committee on General Laws and Technology. In particular, the House Bill 2307 aims to establish new definitions including that of precise geolocation data, profiling, targeted advertising, and the sale of personal data. In addition, the House Bill 2307 serves as the companion bill of Senate Bill 1392, which was introduced, on 13 January 2021, in the Virginia State Senate. Furthermore, the House Bill 2307 includes in its scope persons that conduct business in the Commonwealth of Virginia or produce products or services that are targeted to residents of the Commonwealth and that meet one or more of the following requirements:

  • during a calendar year, control or process personal data of at least 100,000 consumers; or
  • control or process personal data of at least 25,000 consumers and derive over 50% of gross revenue from the sale of personal data. 

Moreover, the House Bill 2307 aims to confer data subjects with industry recognised rights including access, correction, deletion, portability, and opt-out rights. Moreover, the House Bill 2307 aims to establish obligations on controllers and processors including rules regarding Data Protection Impact Assessments and the processing of de-identified data. Finally, the Bill mandates enforcement by the Attorney General with civil penalties for non-compliance at $7,500 which will be credited into a newly established Consumer Privacy Fund. If enacted, the House Bill 2307 would enter into effect on 1 January 2023.

You can read the House Bill 2307 and track its progress here.

UPDATE (8 February 2021)

Consumer data protection bill passes House

HB 2307 passed, on 29 January 2021, the Virginia House of Representatives and was sent to the Virginia State Senate for consideration.

You can read HB 2307 and track its progress here.