Comprehensive State Consumer Data Protection Laws – Privacy

United States: Comprehensive state consumer data protection laws

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We reported to you last year on the new California Consumer Privacy Act, updated by the California Privacy Rights Act of 2020 (collectively, the CCPA), and forecast a trend in state law in this area. Indeed, in early March, Governor Northam of Virginia enacted the Virginia Consumer Data Protection Act (VCDPA). And in July, Governor Polis of Colorado signed the Colorado Privacy Act (CPA). Each state’s law protects consumers residing in that state, aligns more closely with the EU’s General Data Protection Regulations (GDPR), and fills gaps left by California privacy law. The Virginia Act comes into effect on January 1, 2023, while the Colorado Act comes into force on July 1, 2023. Virginia and Colorado are the second and third states, after California, to pass comprehensive privacy legislation. privacy, although they are probably far from the last. . In this series of articles, we provide a high-level summary of the provisions of these laws and what they mean for companies doing business in these states. In Part 1, we discuss the factors that determine if different state laws apply to your business and what the exceptions are. In the second part, we describe some key legal obligations and how to comply with them. Finally, in Part Three, we discuss the various enforcement regimes established by the three laws, and we also discuss how the CCPA, VCDPA, and CPA affect companies’ agreements with their IT service providers and IT service providers. telecommunications.

* Special thanks to our colleague Pat Whittle for his contributions to these articles.

Part 1 – Do I have to comply?

Part 2 – If one or more of the laws apply to you, what are your obligations?

Part 3 – Obligations towards subcontractors / service providers and execution

Originally posted Aug 20, 2021

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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