Key Facts
Effective Date
January 1, 2023
Enacted
March 2, 2021
Enforcing Authority
Virginia Attorney General
Consent Model
Opt-out
Fulfillment Time
45 days
Applies To
Persons conducting business in Virginia or targeting Virginia residents: 100,000+ consumers OR 25,000+ consumers and 50%+ revenue from selling PI
Overview
The VCDPA was the second US state comprehensive privacy law and became the template that most subsequent state laws followed. It established the opt-out model with opt-in for sensitive data that has become the standard US approach. A permanent 30-day cure period distinguishes it from newer laws.
What This Means for Your Website
- A clear privacy notice is required for Virginia visitors
- Opt-in consent is needed before processing sensitive data
- Consumers can access, correct, delete, and port their data, and opt out of targeted advertising
- Data protection assessments are required for targeted advertising and profiling
- A 30-day cure period applies before enforcement action (permanent, does not sunset)
- Under-13 data is classified as sensitive, requiring opt-in consent
Key Requirements
The Virginia AG enforces the VCDPA with penalties up to $7,500 per violation. Consumer requests must be fulfilled within 45 days (extendable by 45). The permanent 30-day cure period provides businesses with a window to fix violations before penalties. SB 361 (2025) added social media restrictions for minors.
How ConsentStack Handles This
ConsentStack detects Virginia visitors and applies the VCDPA opt-out model with opt-in for sensitive data categories. Consumer opt-out preferences are recorded and respected.
Penalties
Up to $7,500 per violation.
Maximum Fine
$7,500 per violation
Key Requirements
- Clear and meaningful privacy notice
- Opt-in consent before processing sensitive data
- Consumer rights: access, correct, delete, portability, opt-out
- Data protection assessments for targeted advertising and profiling
- 45-day response window for consumer requests
- Data minimization obligations
Notable Provisions
- Template for most subsequent US state privacy laws
- Permanent 30-day cure period
- SB 361 (2025) adds social media restrictions for minors
US State Specifics
Cure Period
30 days
Private Right of Action
No
Global Opt-out Required
No
Sensitive Data Opt-in
Yes
Children Provisions
Under 13 classified as sensitive data requiring opt-in consent.
Other North America Regulations
CPRACalifornia, United States
The CPRA is the most comprehensive US state privacy law with a dedicated enforcement agency (CPPA). Cross-context behavioral advertising via cookies constitutes sharing personal information, triggering opt-out obligations. GPC signals must be honored as valid opt-out requests.CCPACalifornia, United States
The CCPA was the first comprehensive consumer privacy law in the United States, giving California residents the right to know what personal information businesses collect and to opt out of its sale. It established the opt-out consent model that most subsequent US state privacy laws adopted.PIPEDACanada
Canada's federal private-sector privacy law based on 10 fair information principles. Requires express consent for sensitive data and implied consent for less sensitive data. OPC guidance addresses cookies and online behavioral advertising. The CPPA replacement bill died January 2025; a new bill is expected.CIPACalifornia, United States
CIPA is a 1967 California chapter covering wiretapping, eavesdropping, and other privacy invasions, not a website-specific law. Since 2022, courts have applied two of its sections to website chat, analytics, and ad tools, and any visitor can sue directly for at least $5,000 per violation, no revenue threshold.Quebec Law 25Quebec, Canada
Quebec's Law 25 is the strictest privacy law in Canada and the closest North American equivalent to the GDPR. Consent must be clear, free, informed and requested for each purpose, and any technology that identifies, locates or profiles a visitor has to be disclosed. Its privacy-by-default rule carves out browser cookie settings, but non-essential cookies still need consent first.CPAColorado, United States
Colorado's CPA features the highest per-violation penalties among US state privacy laws at $20,000. Must honor GPC signals since July 2024. Participated in a joint GPC enforcement sweep with California and Connecticut in September 2025. The cure period was eliminated in January 2025.Frequently Asked Questions
Stay compliant with VCDPA
ConsentStack helps you implement Opt-out consent for Virginia, United States automatically.