Virginia Vendor's Obligation to Protect Nonpublic Confidential Information

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This form, a Vendor's Obligation to Protect Nonpublic Confidential Information, contains a clause for an agreement that establishes a vendors duty to protect private, personal, confidential or other sensitive information that it obtains during the course of its business relationship with the client company.

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FAQ

This chapter may be cited as the Virginia Consumer Protection Act of 1977. 1977, c. 635. It is the intent of the General Assembly that this chapter shall be applied as remedial legislation to promote fair and ethical standards of dealings between suppliers and the consuming public.

Keypoint: The VCDPA is now finalized in advance of its January 1, 2023 effective date. On April 11, 2022, Virginia Governor Glenn Youngkin signed three Virginia Consumer Data Protection Act (VCDPA) amendment bills into law. The three bills will go into effect July 1, 2022.

On March 2, 2021, Virginia's Consumer Data Protection Act (CDPA) was signed into law, making Virginia the second state to enact comprehensive privacy legislation, after California. According to the law, it establishes a framework for controlling and processing personal data in the Commonwealth of Virginia.

Right to Know: The CCPA requires that businesses respond to consumer requests to know personal information that was collected within the prior 12 months. The CPRA extends this timeline, enabling consumers to potentially request personal information collected beyond the prior 12-month window under certain circumstances.

The VCDPA applies to businesses that control or process personal data of at least (ii) 100,000 Virginia residents (referred to as consumers in the statute), or (ii) 25,000 consumers if the business derives at least 50% of its gross revenue from the sale of personal data.

The VCDPA obliges some businesses to give consumers the ability to access and control personal data that the business collects about them. Virginia consumers will have the right to submit a request to access, correct inaccuracies within, and delete personal data they have provided or that has been obtained about them.

The bill applies to all persons that conduct business in the Commonwealth and either (i) control or process personal data of at least 100,000 consumers or (ii) derive over 50 percent of gross revenue from the sale of personal data and control or process personal data of at least 25,000 consumers.

The CDPA applies to businesses that: Control or process personal information of at least 100,000 consumers (defined as Virginia residents).

The United States doesn't have a singular law that covers the privacy of all types of data. Instead, it has a mix of laws that go by acronyms like HIPAA, FCRA, FERPA, GLBA, ECPA, COPPA, and VPPA. The data collected by the vast majority of products people use every day isn't regulated.

These principles arrive early in the legislation at Article 5(1) and include:Lawfulness, Fairness, and Transparency.Limitations on Purposes of Collection, Processing, and Storage.Data Minimization.Accuracy of Data.Data Storage Limits.Integrity and Confidentiality.

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Virginia Vendor's Obligation to Protect Nonpublic Confidential Information