Virginia Consumer Data Protection Act

BillBuilding on the momentum of the California Consumer Privacy Act (“CCPA”)California Privacy Rights Act (“CPRA”), and the Virginia Consumer Data Protection Act (“CDPA”), and the consideration of similar laws in states like Washington and New York, Minnesota’s legislature is debating HF 36, introduced on January 7, 2021, and HF 1492, introduced on February 22, 2021. Significantly, HF 36 grants consumers a private right of action for any violation of its provisions—something that was considered but not ultimately included in the CCPA, which provides for a private right of action only in the event of a data breach.  In contrast, HF 1492 joins Virginia’s CDPA by relying on regulatory enforcement and generally pursuing  an approach that is closer to Europe’s General Data Protection Regulation (“GDPR”). If passed, HF 36 would take effect on June 30, 2022, and HF 1492, also known as the Minnesota Consumer Data Privacy Act (“MCDPA”) on July 31, 2022.
Continue Reading Minnesota Debates New Privacy Bills

BillFlorida joined the fray of state legislatures vying to become the third state to enact comprehensive data privacy legislation following the passage of Virginia’s Consumer Data Protection Act (“CDPA”). Introduced in February with the support of Governor DeSantis, House Bill 969 (“HB 969”) shared many similarities with the California Consumer Privacy Act (“CCPA”), including a private right of action. At the same time, the previously identical Senate Bill 1734 (“SB 1734”) was recently amended to limit the scope of the law and remove the private right of action.  As with some many other state laws, the Florida bills have died for the present legislative session due to the breakdown over the private cause of action. 
Continue Reading Florida House and Senate Privacy Legislation Fails to Pass

BillOn March 2, 2021, Virginia Governor Ralph Northam signed the Virginia Consumer Data Protection Act (CDPA) into law without further amendments. Virginia now joins California as the second U.S. state to enact comprehensive privacy legislation. The CDPA will come into effect January 1, 2023 simultaneously with California’s Consumer Privacy Rights Act (CPRA). While similar, the laws reflect somewhat differing approaches to a consumer data law, and covered businesses should begin preparing compliance strategies now. In particular, the new Virginia law may well presage movement in other states, such as Washington, New York, etc., or perhaps movement on a federal privacy law. In light of these developments, many clients are shifting away from jurisdiction-specific policies and towards a rationalized national or global approach to privacy and data protection – with local variations as appropriate.
Continue Reading Step Aside California: Virginia Consumer Data Protection Act Becomes Law