Keypoint: Virginia lawmakers will consider multiple amendments to the Virginia Consumer Data Protection Act in advance of its January 1, 2023 effective date.

As the legislature opened on January 12, Virginia lawmakers proposed seven bills to amend the Virginia Consumer Data Protection Act (VCDPA). The bills come after the VCDPA Work Group held six meetings from June to August 2021 and issued a Final Report on November 1, 2021 (see our summary of the report here).

The bills seek to amend the VCDPA’s right to delete, nonprofit definition, and enforcement provisions. The Work Group’s Final Report identified many other topics for potential amendments. It remains to be seen whether other amendments will be offered as the legislative session advances. The Virginia legislature is scheduled to close on March 12, 2022 unless the session is extended.

Below is a summary of the bills.


Continue Reading Amendments Proposed to Virginia Consumer Data Protection Act

Keypoint: The VCDPA Work Group’s final report contains 17 “points of emphasis” derived from six Work Group meetings; however, the Work Group’s recommendations for modifying the VCDPA will not be presented until the legislature opens in January 2022.

On November 1, 2021, the Virginia Consumer Data Protection Work Group issued its 2021 Final Report. By way of background, § 59.1-581.2 of the Virginia Consumer Data Protection Act (VCDPA) required the Chairman of the Joint Commission on Technology and Science to create a work group to “review the provisions of [the VCDPA] and issues related to its implementation.” The Chairman was required to “submit the work group’s findings, best practices, and recommendations regarding the implementation of [the VCDPA] to the Chairmen of the Senate Committee on General Laws and Technology and the House Committee on Communications, Technology and Innovation no later than November 1, 2021.”

The Work Group met six times from June to August 2021. A summary of those meetings is contained in the Final Report and copies of materials relating to those meetings are available on the Joint Commission’s webpage.

Ultimately, the Work Group identified 17 “points of emphasis” from its six meetings but stated that the Work Group’s “recommendations based on these points of emphasis” would be presented by Delegate Hayes and Senator Marsden (the VCDPA’s sponsors) during the upcoming legislative session.

Below is a summary of the points of emphasis along with some analysis. For ease of reference, we have grouped the points of emphasis into seven categories.


Continue Reading Virginia Consumer Data Protection Act Work Group Issues 2021 Final Report

Keypoint: This week an amended version of the Colorado Privacy Act unanimously passed out of committee, Alaska’s House held another hearing on its bill (and scheduled another hearing for May 12), Connecticut’s bill was tabled for the Senate calendar, and Nevada’s Assembly Committee on Commerce and Labor scheduled a May 10 hearing on its bill.

Below is our eleventh weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide two reminders.

First, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. We encourage you to bookmark the page for easy reference.

Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated.


Continue Reading Status of Proposed CCPA-Like State Privacy Legislation as of May 10, 2021

On March 2, 2021, Virginia passed the Virginia Consumer Data Protection Act, creating the single most important privacy decision in 2021:

Should we call the new law the CDPA or the VCDPA?

People have very strong opinions. After all, acronyms are everything in privacy law (see, e.g., GDPR, CCPA, CPRA, HIPAA, COPPA, PIPEDA, BIPA, GLBA,

Keypoint: There were four notable developments this week: the Florida House passed a bill out of committee, lawmakers proposed a new bill in Texas, the Washington Privacy Act was  scheduled for a public hearing and committee session on March 17 and 19, respectively, and the Illinois Right to Know Act was scheduled for a March 19 hearing in the Cybersecurity, Data Analytics & IT Committee.

For the third week in a row, we are providing an update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide three reminders.

First, we hosted a webinar on Virginia’s Consumer Data Protection Act on March 11. You can access the recording here.

Second, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. We encourage you to bookmark the page for easy reference.

Third, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated.


Continue Reading Status of Proposed CCPA-Like State Privacy Legislation as of March 15, 2021

Keypoint: It was a busy week for privacy law. Since the update we provided last week Virginia’s bill was signed into law, bills in Washington and Oklahoma advanced, and Utah’s bill failed to pass before its legislative session closed.

Last week, we provided an update on the status of proposed CCPA-like privacy legislation. In that article, we noted that the contents were “time-sensitive and subject to change.” Typical to privacy law, in just a week, the landscape of these proposed laws changed dramatically. Given these changes, we decided to publish another update and, like last week, waited until a weekend when state legislatures are quiet.

Before we get to our update, we wanted to provide three reminders.

First, we will be hosting a webinar on Virginia’s Consumer Data Protection Act on March 11. You can register for the webinar here. If you are unable to attend the webinar live, you can still register, and we will email a copy of the presentation and a link to the webinar recording to you.

Second, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. We encourage you to bookmark the page for easy reference.

Third, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated.


Continue Reading Status of Proposed CCPA-Like State Privacy Legislation as of March 8, 2021

Keypoint: Virginia joins California as the second state to enact state consumer data privacy legislation.

As first confirmed by Amy Miller at MLex, on March 2, 2021, Virginia Governor Ralph Northam signed the Virginia Consumer Data Protection Act (CDPA). The CDPA will go into effect on January 1, 2023. With the enactment of the CDPA,

Keypoint: CCPA-like privacy bills continue to be introduced and work their way through state legislatures.

Those who attended our recent webinar or who subscribe to this blog know that we have been closely tracking proposed CCPA-like legislation in state legislatures across the country. We also launched a 2021 State Privacy Law Tracker to keep pace with the latest developments.

Yet, even with these efforts, there still are numerous developments occurring on a near daily basis. Therefore, we decided to wait until a weekend (when state legislatures are quiet) to provide a summary of where these bills stand. Of course, the contents provided below are time-sensitive and subject to change.


Continue Reading Status of Proposed CCPA-Like State Privacy Legislation as of March 1, 2021

On February 19, 2012, the Virginia House of Delegates voted overwhelmingly to pass the Virginia Consumer Data Protection Act (CDPA). The Senate previously voted in favor of passing the legislation. The General Assembly had been considering the CDPA in a special session after both chambers passed companion bills during the regular session. The Senate and