Update Applicable to:
All businesses that obtain and store consumer personal data in the state of Virginia.
On April 11, 2022, Virginia Governor Youngkin signed three Virginia Consumer Data Protection Act (VCDPA) amendments into law and will go into effect on July 1, 2022. With the signing of the bills, the VCDPA’s text is now finalized in advance of its January 1, 2023, effective date.
What are the details?
The first amendment, H 381, adds an exemption to the right to delete. Specifically, the new language states that data controllers that have obtained personal data about a consumer from a source other than the consumer shall be deemed in compliance with a consumer’s request to delete such data by either:
- retaining a record of the deletion request and the minimum data necessary for the purpose of ensuring the consumer’s personal data remain deleted from the business’s records and not using such retained data for any other purpose; or
- opting the consumer out of the processing of such personal data for any purpose except for those exempted pursuant to the VCDPA.
The second amendment to the VCDPA, S 534, abolishes the Consumer Privacy Fund previously established by the VCDPA, and provides that “all civil penalties, expenses, and attorney fees collected pursuant to this chapter shall be paid into the state treasury and credited to the Regulatory, Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund.”
The third amendment to the VCDPA, also in S 534, redefines the phrase “nonprofit organization” to now include any political organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code.
The bill states that “political organization means a party, committee, association, fund, or other organization, whether or not incorporated, organized and operated primarily for the purpose of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization or the election of a presidential/vice-presidential elector, whether or not such individual or elector is selected, nominated, elected, or appointed.” Nonprofits that meet this new definition will not have to comply with the VCDPA.
For more information, please see the links below:
What do employers need to do?
Employers should review the links provided above and make adjustments to their consumer data privacy policies so that they are in compliance with the law once the amendments take effect.
Need help understanding how changes to employment laws will affect your business?
Learn more about how Vensure's Virginia PEO services can help you navigate complex employment laws and keep your business compliant.
This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.