E-commerce Rules In Virginia
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In an effort to enhance online child protection, Virginia has enacted a new law (became effective on July 1, 2023) requiring age verification for harmful materials online, such as ography. Users of these sites in Virginia will have to confirm their age before accessing online adult content.
Virginia Consumer Protection Act – The Virginia Consumer Protection Act of 1977 was created to “promote fair and ethical standards of dealing between suppliers and the consuming public.” Virginia Automobile Repairs Facilities Act - provides protections for consumers considering having repair work done on their vehicle.
As of January 1, 2021, Virginia drivers in moving vehicles are prohibited from holding personal electronic communications devices in their hands. Drivers 18 or older may talk on cell phones while driving, but they must use earphones or speakers to do so.
The sales tax rate for most locations in Virginia is 5.3%. Several areas have an additional regional or local tax as outlined below. In all of Virginia, food for home consumption (e.g. grocery items) and certain essential personal hygiene items are taxed at a reduced rate of 1%.
The VCDPA gives consumers the right to access their personal data and request that it be deleted by businesses. It also requires companies to conduct data protection assessments related to processing personal data for targeted advertising and sales purposes.
People (including children) can be photographed if they are in public (without their consent), unless they have secluded themselves and can expect a reasonable degree of privacy. Invasion of privacy is a “tort”, meaning a civil wrong against another that results in injury.
You also cannot record both video and audio of a person without that person's consent. Video surveillance remains legal so long as it is with the intent of securing your property.
In general, you will need a sales tax permit in Virginia if you have a physical presence or meet economic nexus requirements.
You can register for a Virginia seller's permit, or sales tax certificate, online through Virginia Tax. To apply, you'll need to provide Virginia Tax with certain information about your business, including but not limited to: Business name, address, and contact information. Federal EIN number.
