Kayvan Farchadi is a summer associate who attends George Washington University Law School.

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The Virginia Consumer Data Protection Act (HB 2307 / SB 1392), introduced in the House of Delegates on January 20, passed both houses of Virginia’s state legislature on February 5 with large bipartisan majorities.  This comprehensive privacy bill, which would take effect on January 1, 2023, follows a similar framework as the current version of the Washington Privacy Act (“WPA”), though it differs from the WPA in important respects.  We have included a high level summary of some of the bill’s provisions below.

The passage of nearly identical legislation by both chambers of the Virginia legislature positions the Virginia Consumer Data Protection Act to become the nation’s next comprehensive state privacy law.  Lawmakers must reconcile the two bills before the end of the session on February 27, and, assuming a reconciled bill passes in both houses, it will be sent to Gov. Ralph Northam to sign into law or veto.  If Gov. Northam takes no action, the reconciled bill would become law within seven days or, if there are fewer than seven days remaining in the General Assembly session, or if the General Assembly has adjourned, within thirty days.
Continue Reading Virginia Legislature Passes Comprehensive Privacy Law: The Virginia Consumer Data Protection Act

On September 22, 2020, the Federal Trade Commission (“FTC”) hosted “Data to Go,” a virtual workshop on data portability. The workshop convened experts from civil society, academia, and industry to discuss the potential risks as well as consumer and competition benefits of data portability, as well as issues and best practices related to its implementation in legislative and industry-led initiatives. The discussions emphasized five key themes regarding data portability efforts in the U.S. and globally.
Continue Reading Five Key Themes from the FTC’s Data Portability Workshop