Virginia’s Data Privacy Laws and How They Impact Your Business Clients (from Annual Advanced Business Law Conference 2021)

A pre-recorded streaming VIDEO replay of one session from the September 2021 live seminar, 47th Annual Advanced Business Law Conference 2021: Back to Business as Unusual—Legal Issues Impacting Businesses in 2021 (That Have Nothing to Do with COVID-19) 

Cosponsored with the Business Law Section of the Virginia State Bar

While comprehensive federal law discussions continue, states have acted. The Virginia Consumer Data Protection Act (VCDPA) makes Virginia the second state in the nation to have sweeping data privacy legislation. Colorado followed quickly, becoming the third with a new privacy law of its own. Our discussion will include comparative considerations for each of these laws as well as practical tips and considerations to flexibly adapt and plan for an emerging state patchwork of laws. Although the VCDPA becomes effective January 1, 2023, there is no reason for clients/companies to wait to start on a compliance plan. Some of the steps that national or international businesses may have taken to comply with CCPA and/or GDPR will give them a leg up, but may not be sufficient for compliance with VCDPA. Other clients/companies may be starting from scratch. This session showcases how all Virginia businesses should begin the process of analyzing data and taking the steps to being compliant, and how your internal compliance policies should (and will) impact customer and vendor relationships and contract terms. In addition, our discussion will explore how the VCDPA may impact transactional practice, including M&A and commercial deals. We will also compare the VCDPA with Europe’s GDPR, California’s CCPA, and Colorado’s CPRA and provide suggestions on programs and steps companies can take to become compliant with each of these privacy laws and be well situated to efficiently deal with future privacy laws that will inevitably come our way.