Governance, risk & compliance

Virginia Consumer Data Protection Act (VCDPA) Va. Code 59.1-575 to 59.1-584 (to 2026)

The Virginia Consumer Data Protection Act (Va.

Code 59. 1-575 to 59.

1-584), effective 1 January 2023. It applies to a person that does business in Virginia or targets its residents and, in a calendar year, handles the personal data of at least 100,000 consumers, or at least 25,000 consumers while earning over 50% of gross revenue from sale.

State bodies, GLBA financial institutions, HIPAA covered entities, nonprofits and higher education are exempt. Consumers can confirm and access, correct, delete, get a portable copy, and opt out of targeted advertising, sale and profiling, with a 45-day response and a 60-day appeal.

Controllers need consent for sensitive data, must limit collection, secure data, publish a privacy notice, use processor contracts, and assess heightened-risk processing from 1 January 2023. A 2026 amendment adds a ban on selling precise geolocation (reported effective 1 July 2026), and 59.

1-577. 1 limits minors under 16 on social media.

The Act has no universal opt-out signal rule and no teen rule for advertising. The Attorney General alone enforces after a 30-day cure with no end date; penalties reach $7,500 per violation; there is no private action.

Not verified: (1) The enactment clause giving the 1 January 2023 effective date was not read; 59. 1-580 refers to 1 January 2023.

(2) The 2026 c. 820 ban on selling precise geolocation (59.

1-578(A)(6)) is reported to take effect on 1 July 2026 by a law-firm report; not confirmed from an official page. (3) The social media minors section (59.

1-577. 1, 2025 c.

703): its effective date and any court challenge were not verified, so the row is marked recommended. (4) The 59.

1-580(B) assessment for online services directed to known children was summarized, not quoted. General information for compliance work, not legal advice.

Assessment tiers & levels Lavawall supports

Lavawall assesses Virginia Consumer Data Protection Act (VCDPA) at every level below, so you can start where you are and step up as your program matures.

Tier / levelWhat it coversBuilds on lower
ControllerA person that, alone or jointly with others, determines the purpose and means of processing personal data and meets the applicability test in 59.1-576 (100,000 consumers, or 25,000 with more than 50% of revenue from sale). Carries the notice, consumer rights, consent, security, assessment and enforcement duties. —
ProcessorA person that processes personal data on behalf of a controller (59.1-579). Must follow the controller’s instructions, help with consumer requests and security, give assessment information, bind its people and subcontractors, and delete or return data at the end of the service. A processor that decides purposes and means is treated as a controller.—

How Lavawall® helps you get to Virginia Consumer Data Protection Act (VCDPA) compliance

Most of Virginia Consumer Data Protection Act (VCDPA) comes down to technical controls you have to run and prove: keeping systems patched, hardening configuration, detecting breaches early, backing up what matters, controlling access, and keeping evidence that all of it actually happened. Lavawall® runs those controls across Windows, macOS, Linux, and Microsoft 365 / Google Workspace from one console, maps them to Virginia Consumer Data Protection Act (VCDPA), and tracks your posture continuously instead of once a year at audit time.

  • Assess your current state against Virginia Consumer Data Protection Act (VCDPA) in the Lavawall GRC module, with the questionnaire and control set built in.
  • Remediate the gaps with the same platform — automated patching, configuration fixes, backups, and access review — not a separate project.
  • Evidence everything with timestamped, exportable records auditors, insurers, and clients accept.

Related

Lavawall® supports Virginia Consumer Data Protection Act (VCDPA) as part of a built-in catalogue of compliance frameworks. Framework requirements are summarized for planning purposes; always confirm the current official text before certifying.

At a glance

Framework
Virginia Consumer Data Protection Act (VCDPA) Va. Code 59.1-575 to 59.1-584 (to 2026)
Category
Privacy
Region
USA - Virginia
Levels
2 assessment tiers

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