Virginia made sensitive data opt-in.
The Virginia Consumer Data Protection Act requires covered controllers to obtain consent before processing sensitive data, provide consumer rights and appeals workflows, offer opt-outs from targeted advertising, qualifying data sales, and certain profiling, and document assessments for high-risk processing. Virginia also restricts the use of known children’s data and prohibits the sale of precise geolocation data. Captain Compliance helps make these requirements operational and documented.
GDPR’s structure, a US enforcement model.
The Virginia Attorney General has exclusive enforcement authority and may seek civil penalties of up to $7,500 for each violation that continues after the statutory cure process or violates a written assurance of cure.
Processing sensitive data requires affirmative consent, unlike California’s opt-out model.
Before suing, the AG must give 30 days’ written notice of alleged violations; a cure plus an express written assurance can stop the action. This cure right remains part of the current statute.
Data protection assessments are required for targeted advertising, sales, profiling with legal effects, sensitive-data processing, and services directed to known children.
The VCDPA creates no private right of action. Enforcement belongs exclusively to the Virginia Attorney General.
Controllers must also limit collection to necessary data, avoid incompatible secondary use, maintain reasonable security, and avoid discriminating against consumers for exercising their rights. Controllers remain responsible for organization-wide governance.
Opt-in where it’s required, rights where they’re owed.
The VCDPA imposes duties around data minimization, compatible use, reasonable security, consent for sensitive data, non-discrimination, transparency, consumer rights, and assessments — not a GDPR-style lawful-basis test. We make each part operational.
Sensitive-data opt-in
Obtain a clear affirmative act reflecting the consumer’s freely given, specific, informed, and unambiguous consent before processing sensitive data. For personal data from a known child under 13, follow COPPA’s verifiable parental-consent requirements. Sensitive data includes racial/ethnic origin, religious beliefs, health diagnoses, sexual orientation, citizenship/immigration status, biometric or genetic data used to uniquely identify someone, known-child data, and precise geolocation (generally within about 1,750 feet, subject to statutory exclusions).
Consumer rights
Confirmation, access, correction, deletion, portability, and opt-outs from targeted advertising, qualifying data sales, and certain profiling — with authentication, appeals, and documented deadlines. Controllers generally respond within 45 days (one 45-day extension allowed with notice). Denials include appeal instructions; appeals get a written answer within 60 days, with a way to contact the Virginia AG if the appeal is denied. Responses are free up to twice yearly per consumer.
Purpose-specific opt-outs
Provide clear methods for consumers to opt out of targeted advertising, the sale of personal data for monetary consideration, and profiling in furtherance of decisions producing legal or similarly significant effects. “Sale” means an exchange for monetary consideration — it excludes processor disclosures, service-requested disclosures, affiliate transfers, certain consumer-directed disclosures, and merger or bankruptcy transfers. Virginia does not currently require honoring Global Privacy Control or another Universal Opt-Out Mechanism.
Data protection assessments
Document assessments for targeted advertising, personal-data sales, sensitive-data processing, qualifying profiling, and other processing presenting a heightened risk of harm, including services directed to known children. Assessments weigh benefits against risks, apply to processing created after January 1, 2023, may cover comparable processing operations, and are confidential and exempt from public-record inspection.
Processor agreements
Track controller-processor contracts documenting processing instructions, purpose, data types, duration, confidentiality, deletion or return, compliance information, assessments, and subcontractor flow-down obligations. Processors must follow controller instructions and assist with rights requests, security and breach duties, and assessment information.
Privacy notice
Generate and maintain clear, accessible notices covering data categories, processing purposes, third-party sharing, consumer rights, secure request methods, and appeal instructions, with clear disclosure and opt-out information when data is sold or used for targeted advertising. Consumers can’t be required to open a new account just to exercise their rights.
Precise-geolocation controls
Help identify, document, and govern technologies that collect or transmit precise geolocation data, and apply consent controls before that data is collected or otherwise processed. Virginia treats precise geolocation as sensitive data and separately prohibits selling or offering to sell it — consent to sensitive-data processing is never a substitute for a sale the statute prohibits.
Known-child data controls
Support COPPA-aligned parental consent, purpose limitation, retention controls, targeted-advertising restrictions, and assessments for online services directed to known children under 13. Precise geolocation from a known child may be collected only when reasonably necessary, for only the necessary period, with a visible collection indicator, and with verifiable parental consent.
One operating framework, state-specific execution.
Virginia helped establish a model later used by several state privacy laws, but the statutes are not identical. Their definitions of sale, sensitive data, opt-out signals, applicability thresholds, response requirements, and assessment rules differ. Captain Compliance centralizes consent, rights, notice, and assessment workflows while routing each request and preference according to the applicable state requirements. A Virginia assessment may support compliance elsewhere only when its scope and effect are reasonably comparable to the other jurisdiction’s requirements.
Book a VCDPA audit- Day 1 — Targeted-advertising, qualifying-sale, and profiling opt-out methods configured
- Week 1 — Sensitive-data and precise-geolocation consent workflows mapped
- Week 2 — Consumer-rights, authentication, denial, appeal, and deadline workflows deployed
- Week 3 — High-risk processing and known-child assessments documented
- Ongoing — Privacy notices, processor terms, consent records, rights requests, and multi-state requirements monitored
What changes when the VCDPA program is on.
- Sensitive data processed without affirmative consent
- Targeted-advertising, sale, and profiling opt-outs missing or difficult to use
- No appeal process for denied rights requests
- No assessments for sensitive or other high-risk processing
- Precise-geolocation collection and transfers not mapped
- Processor terms inconsistent across vendors
- Known-child data lacks parental-consent and purpose controls
- Affirmative sensitive-data consent documented
- Purpose-specific opt-out methods clearly available
- 45-day request and 60-day appeal workflows tracked
- Assessments completed and stored for covered high-risk processing
- Precise-geolocation technologies identified and governed
- Required processor terms tracked by vendor
- Known-child consent, purpose, retention, and assessment workflows supported
VCDPA, answered plainly.
How is Virginia different from California?+
What counts as a data protection assessment?+
Who enforces the VCDPA?+
Are we in scope?+
Does Virginia require Global Privacy Control?+
How long do we have to answer a consumer appeal?+
Can we sell precise geolocation data after obtaining consent?+
Does Virginia require assessments for children’s online services?+
Does the VCDPA have a right to cure?+
Is Virginia’s social-media provision for minors currently in effect?+
Where can I find the official VCDPA statute?+
Make Virginia’s opt-in model operational.
Consent where it’s required, rights where they’re owed, assessments on file. Start free.
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