[co-author: Dhara Shah*]

Virginia edges closer to its privacy law January 2023 implementation. A new working group report gives some insight on implementation focus. The working group is tasked with giving advice on implementing the Virginia Consumer Data Protection Act. It held a series of meetings with companies and other stakeholders throughout the year. This current report summarizes “points of emphasis” from those meetings.  Those included that law be interpreted strictly. For example, sunseting companies “right to cure” after two years. Another point raised was whether to let the attorney general seek actual damages based on harm.

During the meetings some raised whether sample forms should be created to help smaller companies. Other issues included procedural items like funds to staff more AG employees. Education proposals were also put forward. That included education initiatives directed to smaller corporations and a consumer-education focused website.

Putting It Into Practice: This report highlights the ongoing focus we expect next year on implementing this new comprehensive privacy law. As a reminder, the law will apply -with some exceptions- to companies that collect information on 100,000 or more Virginian consumers.

*Dhara Shah is a law clerk in Sheppard Mullin’s Chicago office.