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Virginia

Virginia Consumer Data Protection Act (VCDPA) (Virginia)

In Effect
Law Status
Virginia
Law Name
2023-01-01
Effective Date
high
Priority

Virginia has enacted the Virginia Consumer Data Protection Act (VCDPA) (Virginia). The law is currently in effect. It applies to controls or processes personal data of >=100,000 consumers or >=25,000 consumers and derives >50% of gross revenue from sale of personal data. Consumers have the right to delete their data, correct inaccurate data, opt out of data sales. Violations can result in penalties of up to $7,500 per violation.

Consumer Rights

Right to Access✔ Yes
Right to Delete✔ Yes
Right to Correct✔ Yes
Right to Portability✔ Yes
Opt Out of Data Sale✔ Yes
Opt Out of Targeted Ads✔ Yes
Opt Out of Profiling✔ Yes
Right to Appeal✔ Yes
Authorized Agent✔ Yes

Business Obligations

Privacy Notice Required✔ Required
Data Minimization✘ No
Data Protection Assessment✔ Required
Processor Contract Required✔ Required
Universal Opt-Out Required✘ No
Sensitive Data Consent✔ Required
Child Data Consent✔ Required
Appeals Process Required✔ Required

Applicability & Thresholds

Revenue FloorNone
Primary Consumer Threshold100,000 consumers
Secondary Consumer Threshold25,000 consumers
Data Sale Revenue %50%
Small Business ExemptionYes
Nonprofit ExemptionYes
Employee Data ExemptionYes
Child Age ThresholdUnder 13

Enforcement & Penalties

Enforcing AgencyVirginia Attorney General
Dedicated Privacy AgencyNo
Penalty Per Violation$7,500
Penalty Per Willful Violation$7,500
Private Right of ActionNone
Cure Period30 days
Response Deadline45 days

Important Notes

No private right of action. AG enforces with 30-day cure period. Penalty up to $7,500 per violation. Appeal response 60 days.

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How Virginia Compares to Neighboring States

StateLawStatusEffective DatePriority
Virginia ◀VirginiaIn Effect2023-01-01high
MarylandMarylandIn Effect2025-10-01high
KentuckyKentuckyIn Effect2026-01-01medium
North CarolinaNorth CarolinaNo LawN/Alow
West VirginiaWest VirginiaNo LawN/Alow

Frequently Asked Questions — Virginia Privacy Law

What is the Virginia and who does it apply to?

The Virginia Consumer Data Protection Act (VCDPA) (Virginia) is Virginia's comprehensive consumer privacy law, effective 2023-01-01. Controls or processes personal data of >=100,000 consumers OR >=25,000 consumers AND derives >50% of gross revenue from sale of personal data

What rights do Virginia consumers have under Virginia?

Under the Virginia, Virginia consumers have the right to: access their personal data, request deletion of their data, correct inaccurate data, obtain a portable copy of their data, opt out of the sale of their personal data, opt out of targeted advertising, opt out of profiling for significant decisions, appeal a denial of their privacy rights request.

Does Virginia require consent for sensitive data?

Yes. The Virginia requires businesses to obtain affirmative consent before processing sensitive personal data. This includes data such as health information, biometric data, precise geolocation, and other sensitive categories.

What are the penalties for violating Virginia?

Violations of the Virginia can result in civil penalties of up to $7,500 per violation and up to $7,500 per willful violation. There is no private right of action — enforcement is exclusively by the state Attorney General.

Does Virginia require a data protection assessment?

Yes. The Virginia requires businesses to conduct data protection assessments for high-risk processing activities such as targeted advertising, sale of personal data, sensitive data processing, and certain profiling activities.

Is there a universal opt-out requirement under Virginia?

The Virginia does not currently require recognition of universal opt-out mechanisms. Businesses are not required to honor browser-based opt-out signals.

How long does a business have to respond to a consumer request under Virginia?

Businesses must respond to consumer privacy requests within 45 days under the Virginia. An extension of up to 45 additional days is available with notice to the consumer. If a request is denied, businesses must provide an appeals process with a response within 60 days.

Official Source

Virginia Attorney General

View Official Source →

More Virginia Resources

Virginia LLC Formation →Virginia Auto Insurance →Virginia Employment Law →

Data Methodology

DataTactic researchers verify privacy law data directly against official government sources — Virginia Attorney General publications, state statutes, and agency websites. Each data point is cross-referenced against primary sources before publication. Records are reviewed and updated when laws or requirements change.

Last verified: 2026-06-01 · DataTactic provides reference information only. This is not legal advice. Consult a qualified attorney for compliance guidance.