Has your business team proposed selling consumer data that includes geolocation information? Not sure? If you have Virginia-based consumers, beware. SB 338, which was recently signed into law, will amend Virginia’s privacy law.
Starting July 1, 2026, companies covered by the law may not sell (or offer to sell) a consumer’s precise geolocation data. Before SB 338, geolocation data was treated like any other sensitive identifier. Meaning that, in the first instance, as a type of personal information people needed be given notice and the opportunity to opt out of data sales. Additionally, as a sensitive identifier, companies also had to get consent to use the data elements. As amended, geolocation data will be treated in a way unlike other personal or sensitive identifiers. Sales will be prohibited regardless of the notices and choices provided.
