The Virginia Consumer Data Protection Act (“VCDPA”) Work Group has issued its 2021 Final Report. The final report, which is based on the six Work Group meetings between June and October 2021, summarizes information presented at the meetings on topics such as enforcement, definitions and rulemaking authority, as well as consumer rights and education.  We summarize some of the comments below.

Enforcement:

  • The OAG requested the authority to pursue actual damages, should they exist.
  • The OAG recommended that an “ability to cure” option be available for violations where a cure is possible; whereas, consumer groups advocated for a sunset of the “right to cure” provision.

Definitions and Rulemaking:

  • Commenters raised concerns with the definitions of “sale,” “personal data,” “publicly available information,” and “sensitive personal information” in the VCDPA.
  • The report noted that the VA legislature could consider directing an agency to promulgate regulations, in light of the OAG’s comment that the VCDPA currently does not allow the OAG to promulgate regulations. Such a rulemaking process could cover, for example, the definitions of “sale,” “personal data,” “publicly available information,” and “sensitive data.”

Consumer Rights:

  • One commenter requested that the Work Group consider requiring “companies to honor a global opt-out setting as a single-step for consumers to opt out of data collection.” (Notably, however, the VCDPA does not provide any opt out for data collection.)
  • Another commenter suggested that the Work Group amend the “right to delete” provision to be a “right to opt out of sale.”

Delegate Hayes and Senator Marsden are expected to present the official recommendations of the Work Group during the upcoming session of the General Assembly. The Virginia state legislature is scheduled to reconvene on January 12, 2022.

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Photo of Lindsey Tonsager Lindsey Tonsager

Lindsey Tonsager is a recognized leader in representing companies before federal and state regulators, and is renowned for advising on minor protection, AI, and state comprehensive privacy laws.

Lindsey chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their…

Lindsey Tonsager is a recognized leader in representing companies before federal and state regulators, and is renowned for advising on minor protection, AI, and state comprehensive privacy laws.

Lindsey chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their strategic and proactive engagement with the Federal Trade Commission, the U.S. Congress, the California Privacy Protection Agency, and State Attorneys General on proposed changes to data protection laws, and regularly represents clients in responding to investigations and enforcement actions involving their privacy and information security practices.

Lindsey’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of artificial intelligence; data processing for robotics, autonomous vehicles, and other connected devices; biometrics; online advertising; the collection of personal information from children, teens, and students online; e-mail marketing; disclosures of video viewing information; and new technologies.

Lindsey also assesses privacy and data security risks in complex corporate transactions where personal data is a critical asset or data processing risks are otherwise material. In light of a dynamic regulatory environment where new state, federal, and international data protection laws are always on the horizon and enforcement priorities are shifting, she focuses on designing risk-based global privacy programs for clients that can keep pace with evolving legal requirements and efficiently leverage the clients’ existing privacy policies and practices. She conducts data protection assessments to benchmark against legal requirements and industry trends and proposes practical risk mitigation measures.

Photo of Libbie Canter Libbie Canter

Libbie Canter represents a wide variety of multinational companies on managing privacy, cyber security, and artificial intelligence risks, including helping clients with their most complex privacy challenges and the development of governance frameworks and processes to comply with U.S. and global privacy laws.

Libbie Canter represents a wide variety of multinational companies on managing privacy, cyber security, and artificial intelligence risks, including helping clients with their most complex privacy challenges and the development of governance frameworks and processes to comply with U.S. and global privacy laws. She routinely supports clients on their efforts to launch new products and services involving emerging technologies, and she has assisted dozens of clients with their efforts to prepare for and comply with federal and state laws, including the California Consumer Privacy Act, the Colorado AI Act, and other state laws. As part of her practice, she also regularly represents clients in strategic transactions involving personal data, cybersecurity, and artificial intelligence risk and represents clients in enforcement and litigation postures.

Libbie represents clients across industries, but she also has deep expertise in advising clients in highly-regulated sectors, including financial services and digital health companies. She counsels these companies — and their technology and advertising partners — on how to address legacy regulatory issues and the cutting edge issues that have emerged with industry innovations and data collaborations.

Chambers USA 2026 ranks Libbie in Band 2 Nationwide for both Privacy & Data Security: Privacy and Privacy & Data Security: Healthcare.Chambers USA notes, Libbie is “incredibly sharp and really thorough. She can do the nitty-gritty, in-the-weeds legal work incredibly well but she also can think of a bigger-picture business context and help to think through practical solutions.”

Photo of Jayne Ponder Jayne Ponder

Jayne Ponder counsels companies on the intersection of privacy, AI, and emerging technology regulation, and routinely represents clients in regulatory inquiries, investigations, and enforcement matters before federal and state agencies.

Jayne counsels clients across industries to launch and enhance products, services, and governance…

Jayne Ponder counsels companies on the intersection of privacy, AI, and emerging technology regulation, and routinely represents clients in regulatory inquiries, investigations, and enforcement matters before federal and state agencies.

Jayne counsels clients across industries to launch and enhance products, services, and governance programs involving their collection and use of data and emerging technologies. Her experience spans U.S. comprehensive privacy, automated decisionmaking, AI governance, biometric privacy, surveillance and algorithmic pricing, and AI transparency, disclosure, and safety frameworks. She partners with clients to design products and governance programs that keep pace with the dynamic regulatory environment, including in connection with digital and online advertising, social media, AI-powered and agentic services, connected devices, and robotics.

In addition, she advises companies on engagement with federal and state regulators, including through enforcement and rulemaking. Jayne analyzes privacy and security risks in complex corporate transactions. She also provides strategic input on the legislative, regulatory, and policy developments shaping the privacy and AI landscape.

Jayne maintains an active pro bono practice, focusing on assisting nonprofits with their privacy programs and elder estate planning.