As privacy laws evolve across the U.S., states are taking individual approaches to data protection. Among the most notable are California’s Consumer Privacy Act (CCPA) and Virginia’s Consumer Data Protection Act (VCDPA). Both laws aim to give consumers more control over their personal data, but they differ in scope, enforcement, and compliance requirements.

Here’s a breakdown of how Virginia’s privacy law compares to California’s landmark legislation.

1. Scope and Applicability

CCPA:

• Applies to for-profit businesses doing business in California that meet at least one of the following:
• Gross annual revenue of over \$25 million,
• Buys, receives, or sells personal data of 100,000+ California residents, households, or devices,
• Derives 50% or more of revenue from selling personal data.

VCDPA:

• Applies to entities that conduct business in Virginia or target residents and:
• Control or process personal data of at least 100,000 consumers annually, or
• Derive over 50% of gross revenue from selling personal data and process data of 25,000 or more consumers.

Key Difference: VCDPA has a narrower scope and doesn’t consider revenue thresholds directly. Unlike CCPA, it also excludes businesses that don’t meet specific data-processing thresholds—even if they make significant revenue.

2. Consumer Rights

Both laws grant similar rights, but with subtle distinctions.

Common Rights Under Both Laws:

• Right to access personal data,
• Right to delete personal data,
• Right to data portability,
• Right to opt out of the sale of personal data.

CCPA Adds:

• Right to opt out of “sharing” personal data for cross-context behavioral advertising,
• Right to non-discrimination for exercising privacy rights,
• Expanded definitions of personal information, including inferences and household data.

VCDPA Adds:

• Right to opt out of targeted advertising and profiling,
• Right to appeal a business’s denial of a privacy rights request,
• More emphasis on data minimization and purpose limitation.

3. Business Obligations

CCPA:

• Requires a “Do Not Sell My Personal Information” link on websites,
• Mandates updates to privacy policies with specific disclosures,
• Obligates businesses to respond to consumer requests within 45 days.

VCDPA:

• Requires data protection assessments for high-risk data processing,
• Imposes purpose specification and data minimization obligations,
• Requires reasonable security measures to protect personal data.

Key Difference: VCDPA introduces a framework closer to the EU’s GDPR, especially with its focus on data protection assessments and controller/processor roles.

4. Enforcement

CCPA:

• Enforced by the California Attorney General and the newly created California Privacy Protection Agency (CPPA),
• Includes a private right of action for certain data breaches.

VCDPA:

• Enforced solely by the Virginia Attorney General,
• No private right of action for consumers.

Key Difference: Virginia’s law is more business-friendly with fewer enforcement mechanisms and no private lawsuits, reducing litigation risk compared to CCPA.

5. Consent Requirements

VCDPA:

• Requires opt-in consent for processing sensitive data, such as race, religion, health data, geolocation, and children’s data.

CCPA (as amended by CPRA):

• Has a broader definition of sensitive personal information but mostly operates on an opt-out basis, not opt-in.

Final Thoughts

Virginia’s VCDPA reflects a more industry-aligned, GDPR-inspired approach to data privacy. In contrast, California’s CCPA (especially post-CPRA amendments) is more consumer-centric and aggressive in enforcement. Businesses operating in multiple states need to navigate these differences carefully.

As more states roll out their own privacy laws, the lack of a federal privacy framework means organizations must stay vigilant and adapt to a patchwork of requirements. Understanding the nuances between VCDPA and CCPA is a vital step toward compliant, ethical data practices.

Need Help Navigating Privacy Laws?
Whether you’re operating in California, Virginia, or across the U.S., staying compliant with evolving regulations is critical. Reach out to our team for customized privacy assessments and strategy development.

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