Questions & Answers

What are the Rights for Virginia Residents in the Virginia Consumer Data Protection Act (“CDPA”)?

What are the Rights for Virginia Residents in the Virginia Consumer Data Protection Act (“CDPA”)? The CDPA provides for the following rights to consumers regarding the personal data processed by a controller: Right to Confirmation . Have a controller confirm whether it is processing a consumer’s...

What is Biometric Data in the Virginia Consumer Data Protection Act (“CDPA”)?

What is Biometric Data in the Virginia Consumer Data Protection Act (“CDPA”)? Biometric data means data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological patterns or characteristics...

What is De-identified Data in the Virginia Consumer Data Protection Act (“CDPA”)?

What is De-identified Data in the Virginia Consumer Data Protection Act (“CDPA”)? De-identified data means data that cannot reasonably be linked to an identified or identifiable natural person, or a device linked to such person. A controller that possesses "de-identified data" shall comply with the...

What is Personal Data in the Virginia Consumer Data Protection Act (“CDPA”)?

What is Personal Data in the Virginia Consumer Data Protection Act (“CDPA”)? Personal data means any information that is linked or reasonably linkable to an identified or identifiable natural person. Personal data does not include de-identified data or publicly available information. Stay Ahead of...

What is Sale of Personal Data in the Virginia Consumer Data Protection Act (“CDPA”)?

What is Sale of Personal Data in the Virginia Consumer Data Protection Act (“CDPA”)? Sale of personal data means the exchange of personal data for monetary consideration by the controller to a third party. Sale of personal data does not include: 1. The disclosure of personal data to a processor...

What is Sensitive Data in the Virginia Consumer Data Protection Act (“CDPA”)?

What is Sensitive Data in the Virginia Consumer Data Protection Act (“CDPA”)? Sensitive data means a category of personal data that includes: 1. Personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration...

What is Targeted Advertising in the Virginia Consumer Data Protection Act (“CDPA”)?

What is Targeted Advertising in the Virginia Consumer Data Protection Act (“CDPA”)? Targeted advertising means displaying advertisements to a consumer where the advertisement is selected based on personal data obtained from that consumer's activities over time and across nonaffiliated websites or...

What is the Virginia Consumer Data Protection Act (“CDPA”)?

What is the Virginia Consumer Data Protection Act (“CDPA”)? Virginia passed the Consumer Data Protection Act (“CDPA”), which took effect on January 1, 2023. With the passing of this new law, Virginia becomes the second state to enact a consumer data privacy law. The CDPA is similar to the...

Who Must Comply with the Virginia Consumer Data Protection Act (“CDPA”)?

Who Must Comply with the Virginia Consumer Data Protection Act (“CDPA”)? The CDPA applies to entities that conduct business in Virginia or target Virginia residents during a calendar year that either: Control or process personal data of at least 100,000 Virginia residents; or Control or process...

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