Two's Company: Virginia Has A Comprehensive Data Privacy Law

On March 2, Governor Ralph Northam signed the Virginia Consumer Data Protection Act (VCDPA) into law, making Virginia the second state to enact comprehensive privacy legislation.

With the VCDPA on the books, companies have the next 22 months to prepare for the VCDPA and the California Privacy Rights Act (CPRA) to go into effect. This post takes a look at the VCDPA provisions that are novel and require close attention during the transition period to the law's January 1, 2023 effective date.

• Sensitive Data: The VCDPA breaks new ground in U.S. privacy law by requiring consent to process "sensitive data" – a term that includes precise geolocation data; genetic or biometric data used to identify a person; and data revealing race or ethnicity, religious beliefs, health diagnosis, sexual orientation, or citizenship or immigration status. The definition of "consent," in turn, tracks the GDPR definition: "freely given, specific, informed, and unambiguous" and conveyed