Virginia Consumer Data Protection Act
VCDPA
Comprehensive privacy · Children · Location · Health · Biometric · Genetic
Virginia's comprehensive consumer privacy law gives residents rights to access, correct, delete, and port their personal data and to opt out of targeted advertising, sale, and significant-decision profiling, with an appeal process. Controllers need opt-in consent for sensitive data, must run data protection assessments for higher-risk processing, and face extra limits on known children's data (2025) and a ban on selling precise geolocation data (from July 1, 2026). Section 59.1-577.1 on minors' social media time limits is listed as a separate entry because it is enjoined.
- Where
- Virginia
- Citation
- Va. Code §§ 59.1-575 to 59.1-584 (Title 59.1, Chapter 53)
- Status
- In force
- In force since
- 2023-01-01
- Last amended
- 2026-07-01
- Enforced by
- Virginia Attorney General (exclusive authority, 59.1-584(A))
- People can sue
- No
- Penalties
- After a 30-day written notice and cure period, the Attorney General may seek an injunction and civil penalties of up to $7,500 per violation, plus investigation expenses and attorney fees (59.1-584(B)-(D)).
- Applies to
- Persons that conduct business in Virginia or produce products or services targeted to Virginia residents and that, in a calendar year, control or process personal data of at least 100,000 consumers, or of at least 25,000 consumers while deriving over 50% of gross revenue from selling personal data (59.1-576(A))
- Exempt entities: state and local government bodies, GLBA financial institutions, HIPAA covered entities and business associates, nonprofits, and institutions of higher education (59.1-576(B))
- Exempt data includes PHI, FCRA-regulated activity, DPPA, FERPA and Farm Credit Act data, and employment-context data (59.1-576(C))
What a privacy notice must say
- Provide a reasonably accessible, clear privacy notice listing categories of data processed, purposes, how to exercise and appeal rights, categories shared, and categories of third parties; disclose sale and targeted advertising and how to opt out.Va. Code § 59.1-578(C)-(D)
Rights it gives people
- Consumers may confirm processing and access, correct, delete, obtain a portable copy, and opt out of targeted advertising, sale, and profiling for decisions with legal or similarly significant effects; a parent may act for a known child.Va. Code § 59.1-577(A)
Practices it requires
- Respond to requests within 45 days (one 45-day extension with notice), free of charge up to twice a year; explain any refusal and how to appeal.Va. Code § 59.1-577(B)
- Offer a conspicuous appeal process and answer appeals in writing within 60 days, telling the consumer how to complain to the Attorney General if denied.Va. Code § 59.1-577(C)
- Limit collection to what is adequate, relevant, and reasonably necessary for disclosed purposes; get consent for incompatible secondary uses.Va. Code § 59.1-578(A)(1)-(2)
- Do not process sensitive data (including health diagnosis, genetic or biometric identifiers, known-child data, and precise geolocation) without consent; process known-child sensitive data per COPPA.Va. Code § 59.1-578(A)(5); 59.1-575
- Do not sell or offer for sale a consumer's precise geolocation data (location within a 1,750-foot radius).Va. Code § 59.1-578(A)(6) · From 2026-07-01
- Contract terms that waive or limit consumer rights are void; do not discriminate against consumers for exercising rights.Va. Code § 59.1-578(A)(4), (B)
- Conduct and document data protection assessments for targeted advertising, sale, risky profiling, sensitive data, and other heightened-risk processing, and for online services directed to known children; produce them to the Attorney General on a civil investigative demand.Va. Code § 59.1-580(A)-(D)
- Processor contracts must set processing instructions, confidentiality, deletion or return, audit cooperation, and subcontractor flow-down terms.Va. Code § 59.1-579
- Without COPPA-compliant parental consent, do not process a known child's data for targeted advertising, sale, or significant-decision profiling, beyond what is needed, or longer than needed; limit and signal any collection of a known child's precise geolocation.Va. Code § 59.1-578(F) · From 2025-01-01
Security duties
- Maintain reasonable administrative, technical, and physical data security practices appropriate to the volume and nature of the data.Va. Code § 59.1-578(A)(3)
Sources
- Official text
- Va. Code Title 59.1, Chapter 53, Consumer Data Protection Act (law.lis.virginia.gov)
- 2021 Sp. Sess. I SB 1392 (Acts 2021, Sp. Sess. I, c. 36, approved 2021-03-02, effective 2023-01-01) bill history (Virginia LIS)
- 2024 HB 707 (Acts 2024, c. 840; known children, effective 2025-01-01) bill history (Virginia LIS)
- 2024 SB 361 (Acts 2024, c. 844; known children, effective 2025-01-01) bill history (Virginia LIS)
- 2026 SB 338 (Acts 2026, c. 820; precise geolocation sale ban, effective 2026-07-01) bill history (Virginia LIS)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: The 2022 amendments (c. 423 on deletion of third-party-sourced data; cc. 451, 452 repealing the Consumer Privacy Fund in 59.1-585) were read from the Code history notes, not from the bill pages; the companion 2021 bill (c. 35) was not separately checked.
Research reference, not legal advice.