Home Privacy Virginia’s Gov. Signs The Customer Data Protection Act Into Law

Virginia’s Gov. Signs The Customer Data Protection Act Into Law

SHARE:
Gov. Northam has signed the CCDPA into law, making Virginia the second state in the nation to pass a comprehensive privacy regulation after California.
Flag of Commonwealth of Virginia, USA. Vector Format

Gov. Ralph Northam signed the Customer Data Protection Act (CDPA) into law on Tuesday, making Virginia the second state in the nation to pass a comprehensive privacy regulation after California.

In a statement, David Marsden, the state senator who originally introduced the bill, called the move “a huge step forward.”

Not everyone agrees. The Electronic Frontier Foundation, a civil rights and privacy advocacy group, didn’t think the CDPA went far enough when it was still a bill and encouraged citizens to write to Northam and tell him so.

But Northam, who had previously expressed support for the bill and was expected to sign, clearly wasn’t swayed.

The CDPA will go into effect on Jan. 1 2023, which also happens to be the same day that the California Privacy Rights Act or CPRA is set to take effect. CPRA is a data privacy bill that passed as a ballot measure in November and serves as an amendment that bolsters the California Consumer Privacy Act (CCPA).

Virginia’s new data privacy law applies to anyone that conducts business in the state or that has products or services targeted at Virginia residents. It also includes businesses that process the personal data of 100,000 or more Virginia consumers annually, make 50% or more of their gross revenue from the sale of personal data and/or process the personal data of 25,000 or more Virginia residents annually.

There is no revenue threshold for applicability under CDPA like there is under CCPA, which covers businesses that have gross annual revenue of $25 million or more.

One aspect of CDPA that’s particularly interesting is that it’s an opt-in law, which means that a business needs to get clear, specific and informed consent before it can process someone’s personal data.

That language is reminiscent of the EU’s General Data Protection Regulation and sets a higher standard than the CCPA, which takes an opt out approach.

Also more like GDPR than CCPA, CDPA grants Virginia residents a bunch of new rights, including the right to request and receive personal data about themselves in an easy-to-understand, portable format; to correct inaccurate information about themselves; to delete personal data about themselves; and to opt out of the processing of their personal data at any time for targeted advertising or any kind of profiling.

By comparison, the CCPA only provides a right to know and a right to delete.

Subscribe

AdExchanger Daily

Get our editors’ roundup delivered to your inbox every weekday.

Also unlike CCPA, Virginia’s law does not include a private right of action, meaning that Virginia’s attorney general will be the sole enforcement authority of the law.

So, who’s next after Virginia? Take your pick.

More than 15 states have either introduced a data privacy and consumer protection bill or currently have one in committee, including Alabama, Florida, Illinois, Iowa, Kentucky, Minnesota, Mississippi, Nebraska, New Mexico, New York, North Dakota, Oklahoma, Pennsylvania, South Carolina, Utah, Washington state and Wisconsin.

Must Read

Wall Street Wants To Know What The Programmatic Drama Is About

Competitive tensions and ad tech drama have flared all year. And this drama has rippled out into the investor circle, as evident from a slew of recent ad tech company earnings reports.

Comic: Always Be Paddling

Omnicom Allegedly Pivoted A Chunk Of Its Q3 Spend From The Trade Desk To Amazon

Two sources at ad tech platforms that observe programmatic bidding patterns said they’ve seen Omnicom agencies shifting spend from The Trade Desk to Amazon DSP in Q3. The Trade Desk denies any such shift.

influencer creator shouting in megaphone

Agentio Announces $40M In Series B Funding To Connect Brands With Relevant Creators

With its latest funding, Agentio plans to expand its team and to establish creator marketing as part of every advertiser’s media plan.

Privacy! Commerce! Connected TV! Read all about it. Subscribe to AdExchanger Newsletters

Google Rolls Out Chatbot Agents For Marketers

Google on Wednesday announced the full availability of its new agentic AI tools, called Ads Advisor and Analytics Advisor.

Amazon Ads Is All In On Simplicity

“We just constantly hear how complex it is right now,” Kelly MacLean, Amazon Ads VP of engineering, science and product, tells AdExchanger. “So that’s really where we we’ve anchored a lot on hearing their feedback, [and] figuring out how we can drive even more simplicity.”

Betrayal, business, deal, greeting, competition concept. Lie deception and corporate dishonesty illustration. Businessmen leaders entrepreneurs making agreement holding concealing knives behind backs.

How PubMatic Countered A Big DSP’s Spending Dip In Q3 (And Our Theory On Who It Was)

In July, PubMatic saw a temporary drop in ad spend from a “large” unnamed DSP partner, which contributed to Q3 revenue of $68 million, a 5% YOY decline.