{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-575.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-575.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-575.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-575.html"}],"law_id":81398,"edition_id":1,"section_id":81398,"structure_id":14234,"section_number":"59.1-575","catch_line":"(Effective January 1, 2026) Definitions","history":"2021, Sp. Sess. I, cc. 35, 36; 2022, cc. 451, 452; 2024, cc. 840, 844; 2025, c. 703.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Affiliate” means a legal entity that controls, is controlled by, or is under common control with another legal entity or shares common branding with another legal entity. For the purposes of this definition, “control” or “controlled” means (i) ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a company; (ii) control in any manner over the election of a majority of the directors or of individuals exercising similar functions; or (iii) the power to exercise controlling influence over the management of a company.\n\t\t“Authenticate” means verifying through reasonable means that the consumer, entitled to exercise his consumer rights in \u00a7 59.1-577, is the same consumer exercising such consumer rights with respect to the personal data at issue.\n\t\t“Biometric data” means data generated by automatic measurements of an individual’s biological characteristics, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that is used to identify a specific individual. “Biometric data” does not include a physical or digital photograph, a video or audio recording or data generated therefrom, or information collected, used, or stored for health care treatment, payment, or operations under HIPAA.\n\t\t“Business associate” means the same meaning as the term established by HIPAA.\n\t\t“Child” means any natural person younger than 13 years of age.\n\t\t“Consent” means a clear affirmative act signifying a consumer’s freely given, specific, informed, and unambiguous agreement to process personal data relating to the consumer. Consent may include a written statement, including a statement written by electronic means, or any other unambiguous affirmative action.\n\t\t“Consumer” means a natural person who is a resident of the Commonwealth acting only in an individual or household context. It does not include a natural person acting in a commercial or employment context.\n\t\t“Controller” means the natural or legal person that, alone or jointly with others, determines the purpose and means of processing personal data.\n\t\t“Covered entity” means the same as the term is established by HIPAA.\n\t\t“Decisions that produce legal or similarly significant effects concerning a consumer” means a decision made by the controller that results in the provision or denial by the controller of financial and lending services, housing, insurance, education enrollment, criminal justice, employment opportunities, health care services, or access to basic necessities, such as food and water.\n\t\t“De-identified data” means data that cannot reasonably be linked to an identified or identifiable natural person, or a device linked to such person. A controller that possesses “de-identified data” shall comply with the requirements of subsection A of \u00a7 59.1-581.\n\t\t“Health record” means the same as that term is defined in \u00a7 32.1-127.1:03.\n\t\t“Health care provider” means the same as that term is defined in \u00a7 32.1-276.3.\n\t\t“HIPAA” means the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. \u00a7 1320d et seq.).\n\t\t“Identified or identifiable natural person” means a person who can be readily identified, directly or indirectly.\n\t\t“Institution of higher education” means a public institution and private institution of higher education, as those terms are defined in \u00a7 23.1-100.\n\t\t“Nonprofit organization” means any corporation organized under the Virginia Nonstock Corporation Act (\u00a7 13.1-801 et seq.) or any organization exempt from taxation under \u00a7 501(c)(3), 501(c)(6), or 501(c)(12) of the Internal Revenue Code, any political organization, any organization exempt from taxation under \u00a7 501(c)(4) of the Internal Revenue Code that is identified in \u00a7 52-41, and any subsidiary or affiliate of entities organized pursuant to Chapter 9.1 (\u00a7 56-231.15 et seq.) of Title 56.\n\t\t“Online service, product, or feature” means any service, product, or feature that is provided online. “Online service, product, or feature” does not include telecommunications service, as defined in 47 U.S.C. \u00a7 153, broadband Internet access service, as defined in 47 C.F.R. \u00a7 54.400, or delivery or use of a physical product.\n\t\t“Parent” means a parent or legal guardian of a child or minor.\n\t\t“Personal data” means any information that is linked or reasonably linkable to an identified or identifiable natural person. “Personal data” does not include de-identified data or publicly available information.\n\t\t“Political organization” means a party, committee, association, fund, or other organization, whether or not incorporated, organized and operated primarily for the purpose of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization or the election of a presidential\/vice-presidential elector, whether or not such individual or elector is selected, nominated, elected, or appointed.\n\t\t“Precise geolocation data” means information derived from technology, including but not limited to global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of a natural person with precision and accuracy within a radius of 1,750 feet. “Precise geolocation data” does not include the content of communications or any data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility.\n\t\t“Process” or “processing” means any operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data.\n\t\t“Processor” means a natural or legal entity that processes personal data on behalf of a controller.\n\t\t“Profiling” means any form of automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable natural person’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.\n\t\t“Protected health information” means the same as the term is established by HIPAA.\n\t\t“Pseudonymous data” means personal data that cannot be attributed to a specific natural person without the use of additional information, provided that such additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.\n\t\t“Publicly available information” means information that is lawfully made available through federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by the consumer, or by a person to whom the consumer has disclosed the information, unless the consumer has restricted the information to a specific audience.\n\t\t“Sale of personal data” means the exchange of personal data for monetary consideration by the controller to a third party. “Sale of personal data” does not include:\n\n1\n\nThe disclosure of personal data to a processor that processes the personal data on behalf of the controller;2\n\nThe disclosure of personal data to a third party for purposes of providing a product or service requested by the consumer;3\n\nThe disclosure or transfer of personal data to an affiliate of the controller;4\n\nThe disclosure of information that the consumer (i) intentionally made available to the general public via a channel of mass media and (ii) did not restrict to a specific audience; or5\n\nThe disclosure or transfer of personal data to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the controller’s assets.\n\t\t\t“Sensitive data” means a category of personal data that includes:1\n\nPersonal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status;2\n\nThe processing of genetic or biometric data for the purpose of uniquely identifying a natural person;3\n\nThe personal data collected from a known child; or4\n\nPrecise geolocation data.\n\t\t\t“Social media platform” means a public or semipublic Internet-based service or application that has users in the Commonwealth and that meets the following criteria:1\n\nConnects users in order to allow users to interact socially with each other within such service or application. No service or application that exclusively provides email or direct messaging services shall be considered to meet this criterion on the basis of that function alone; and2\n\nAllows users to do all of the following:\n\t\t\ta. Construct a public or semipublic profile for purposes of signing into and using such service or application;\n\t\t\tb. Populate a public list of other users with whom such user shares a social connection within such service or application; and\n\t\t\tc. Create or post content viewable by other users, including content on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users. No service or application that consists primarily of news, sports, entertainment, ecommerce, or content preselected by the provider and not generated by users, and for which any chat, comments, or interactive functionality is incidental to, directly related to, or dependent on the provision of such content, or that is for interactive gaming, shall be considered to meet this criterion on the basis of that function alone.\n\t\t\t“State agency” means the same as that term is defined in § 2.2-307.\n\t\t\t“Targeted advertising” means displaying advertisements to a consumer where the advertisement is selected based on personal data obtained from that consumer’s activities over time and across nonaffiliated websites or online applications to predict such consumer’s preferences or interests. “Targeted advertising” does not include:1\n\nAdvertisements based on activities within a controller’s own websites or online applications;2\n\nAdvertisements based on the context of a consumer’s current search query, visit to a website, or online application;3\n\nAdvertisements directed to a consumer in response to the consumer’s request for information or feedback; or4\n\nProcessing personal data processed solely for measuring or reporting advertising performance, reach, or frequency.\n\t\t\t“Third party” means a natural or legal person, public authority, agency, or body other than the consumer, controller, processor, or an affiliate of the processor or the controller.\n\t\t\t“User” means a person not acting as an agent of a controller or processor.","order_by":null,"text":{"0":{"id":291670,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Affiliate” means a legal entity that controls, is controlled by, or is under common control with another legal entity or shares common branding with another legal entity. For the purposes of this definition, “control” or “controlled” means (i) ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a company; (ii) control in any manner over the election of a majority of the directors or of individuals exercising similar functions; or (iii) the power to exercise controlling influence over the management of a company.\n\t\t“Authenticate” means verifying through reasonable means that the consumer, entitled to exercise his consumer rights in \u00a7 59.1-577, is the same consumer exercising such consumer rights with respect to the personal data at issue.\n\t\t“Biometric data” means data generated by automatic measurements of an individual’s biological characteristics, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that is used to identify a specific individual. “Biometric data” does not include a physical or digital photograph, a video or audio recording or data generated therefrom, or information collected, used, or stored for health care treatment, payment, or operations under HIPAA.\n\t\t“Business associate” means the same meaning as the term established by HIPAA.\n\t\t“Child” means any natural person younger than 13 years of age.\n\t\t“Consent” means a clear affirmative act signifying a consumer’s freely given, specific, informed, and unambiguous agreement to process personal data relating to the consumer. Consent may include a written statement, including a statement written by electronic means, or any other unambiguous affirmative action.\n\t\t“Consumer” means a natural person who is a resident of the Commonwealth acting only in an individual or household context. It does not include a natural person acting in a commercial or employment context.\n\t\t“Controller” means the natural or legal person that, alone or jointly with others, determines the purpose and means of processing personal data.\n\t\t“Covered entity” means the same as the term is established by HIPAA.\n\t\t“Decisions that produce legal or similarly significant effects concerning a consumer” means a decision made by the controller that results in the provision or denial by the controller of financial and lending services, housing, insurance, education enrollment, criminal justice, employment opportunities, health care services, or access to basic necessities, such as food and water.\n\t\t“De-identified data” means data that cannot reasonably be linked to an identified or identifiable natural person, or a device linked to such person. A controller that possesses “de-identified data” shall comply with the requirements of subsection A of \u00a7 59.1-581.\n\t\t“Health record” means the same as that term is defined in \u00a7 32.1-127.1:03.\n\t\t“Health care provider” means the same as that term is defined in \u00a7 32.1-276.3.\n\t\t“HIPAA” means the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. \u00a7 1320d et seq.).\n\t\t“Identified or identifiable natural person” means a person who can be readily identified, directly or indirectly.\n\t\t“Institution of higher education” means a public institution and private institution of higher education, as those terms are defined in \u00a7 23.1-100.\n\t\t“Nonprofit organization” means any corporation organized under the Virginia Nonstock Corporation Act (\u00a7 13.1-801 et seq.) or any organization exempt from taxation under \u00a7 501(c)(3), 501(c)(6), or 501(c)(12) of the Internal Revenue Code, any political organization, any organization exempt from taxation under \u00a7 501(c)(4) of the Internal Revenue Code that is identified in \u00a7 52-41, and any subsidiary or affiliate of entities organized pursuant to Chapter 9.1 (\u00a7 56-231.15 et seq.) of Title 56.\n\t\t“Online service, product, or feature” means any service, product, or feature that is provided online. “Online service, product, or feature” does not include telecommunications service, as defined in 47 U.S.C. \u00a7 153, broadband Internet access service, as defined in 47 C.F.R. \u00a7 54.400, or delivery or use of a physical product.\n\t\t“Parent” means a parent or legal guardian of a child or minor.\n\t\t“Personal data” means any information that is linked or reasonably linkable to an identified or identifiable natural person. “Personal data” does not include de-identified data or publicly available information.\n\t\t“Political organization” means a party, committee, association, fund, or other organization, whether or not incorporated, organized and operated primarily for the purpose of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization or the election of a presidential\/vice-presidential elector, whether or not such individual or elector is selected, nominated, elected, or appointed.\n\t\t“Precise geolocation data” means information derived from technology, including but not limited to global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of a natural person with precision and accuracy within a radius of 1,750 feet. “Precise geolocation data” does not include the content of communications or any data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility.\n\t\t“Process” or “processing” means any operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data.\n\t\t“Processor” means a natural or legal entity that processes personal data on behalf of a controller.\n\t\t“Profiling” means any form of automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable natural person’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.\n\t\t“Protected health information” means the same as the term is established by HIPAA.\n\t\t“Pseudonymous data” means personal data that cannot be attributed to a specific natural person without the use of additional information, provided that such additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.\n\t\t“Publicly available information” means information that is lawfully made available through federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by the consumer, or by a person to whom the consumer has disclosed the information, unless the consumer has restricted the information to a specific audience.\n\t\t“Sale of personal data” means the exchange of personal data for monetary consideration by the controller to a third party. “Sale of personal data” does not include:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":291671,"text":"The disclosure of personal data to a processor that processes the personal data on behalf of the controller;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":291672,"text":"The disclosure of personal data to a third party for purposes of providing a product or service requested by the consumer;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":291673,"text":"The disclosure or transfer of personal data to an affiliate of the controller;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":291674,"text":"The disclosure of information that the consumer (i) intentionally made available to the general public via a channel of mass media and (ii) did not restrict to a specific audience; or","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":291675,"text":"The disclosure or transfer of personal data to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the controller’s assets.\n\t\t\t“Sensitive data” means a category of personal data that includes:","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"1"},"6":{"id":291676,"text":"Personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"5","next_prefix":"2"},"7":{"id":291677,"text":"The processing of genetic or biometric data for the purpose of uniquely identifying a natural person;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"8":{"id":291678,"text":"The personal data collected from a known child; or","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"9":{"id":291679,"text":"Precise geolocation data.\n\t\t\t“Social media platform” means a public or semipublic Internet-based service or application that has users in the Commonwealth and that meets the following criteria:","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"1"},"10":{"id":291680,"text":"Connects users in order to allow users to interact socially with each other within such service or application. No service or application that exclusively provides email or direct messaging services shall be considered to meet this criterion on the basis of that function alone; and","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"4","next_prefix":"2"},"11":{"id":291681,"text":"Allows users to do all of the following:\n\t\t\ta. Construct a public or semipublic profile for purposes of signing into and using such service or application;\n\t\t\tb. Populate a public list of other users with whom such user shares a social connection within such service or application; and\n\t\t\tc. Create or post content viewable by other users, including content on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users. No service or application that consists primarily of news, sports, entertainment, ecommerce, or content preselected by the provider and not generated by users, and for which any chat, comments, or interactive functionality is incidental to, directly related to, or dependent on the provision of such content, or that is for interactive gaming, shall be considered to meet this criterion on the basis of that function alone.\n\t\t\t“State agency” means the same as that term is defined in § 2.2-307.\n\t\t\t“Targeted advertising” means displaying advertisements to a consumer where the advertisement is selected based on personal data obtained from that consumer’s activities over time and across nonaffiliated websites or online applications to predict such consumer’s preferences or interests. “Targeted advertising” does not include:","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"1"},"12":{"id":291682,"text":"Advertisements based on activities within a controller’s own websites or online applications;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2","next_prefix":"2"},"13":{"id":291683,"text":"Advertisements based on the context of a consumer’s current search query, visit to a website, or online application;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"14":{"id":291684,"text":"Advertisements directed to a consumer in response to the consumer’s request for information or feedback; or","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"15":{"id":291685,"text":"Processing personal data processed solely for measuring or reporting advertising performance, reach, or frequency.\n\t\t\t“Third party” means a natural or legal person, public authority, agency, or body other than the consumer, controller, processor, or an affiliate of the processor or the controller.\n\t\t\t“User” means a person not acting as an agent of a controller or processor.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":14234,"edition_id":1,"name":"Consumer Data Protection Act","identifier":"53","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:47:24","date_modified":"2026-06-26 03:47:24","permalink":{"id":262743,"object_type":"structure","relational_id":14234,"identifier":"53","token":"59.1\/53","url":"\/59.1\/53\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81398,"structure_id":14234,"section_number":"59.1-575","catch_line":"(Effective January 1, 2026) Definitions","url":"\/59.1-575\/","token":"59.1\/53\/59.1-575","metadata":false},{"id":63761,"structure_id":14234,"section_number":"59.1-576","catch_line":"Scope; exemptions","url":"\/59.1-576\/","token":"59.1\/53\/59.1-576","metadata":false},{"id":83673,"structure_id":14234,"section_number":"59.1-577","catch_line":"Personal data rights; consumers","url":"\/59.1-577\/","token":"59.1\/53\/59.1-577","metadata":false},{"id":57451,"structure_id":14234,"section_number":"59.1-577.1","catch_line":"(Effective January 1, 2026) Social media platforms; responsibilities and prohibitions related to minors","url":"\/59.1-577.1\/","token":"59.1\/53\/59.1-577.1","metadata":false},{"id":84222,"structure_id":14234,"section_number":"59.1-578","catch_line":"Data controller responsibilities; transparency","url":"\/59.1-578\/","token":"59.1\/53\/59.1-578","metadata":false},{"id":55458,"structure_id":14234,"section_number":"59.1-579","catch_line":"Responsibility according to role; controller and processor","url":"\/59.1-579\/","token":"59.1\/53\/59.1-579","metadata":false},{"id":60582,"structure_id":14234,"section_number":"59.1-580","catch_line":"Data protection assessments","url":"\/59.1-580\/","token":"59.1\/53\/59.1-580","metadata":false},{"id":83283,"structure_id":14234,"section_number":"59.1-581","catch_line":"Processing de-identified data; exemptions","url":"\/59.1-581\/","token":"59.1\/53\/59.1-581","metadata":false},{"id":83633,"structure_id":14234,"section_number":"59.1-582","catch_line":"Limitations","url":"\/59.1-582\/","token":"59.1\/53\/59.1-582","metadata":false},{"id":83422,"structure_id":14234,"section_number":"59.1-583","catch_line":"Investigative authority","url":"\/59.1-583\/","token":"59.1\/53\/59.1-583","metadata":false},{"id":71726,"structure_id":14234,"section_number":"59.1-584","catch_line":"Enforcement; civil penalty; expenses","url":"\/59.1-584\/","token":"59.1\/53\/59.1-584","metadata":false},{"id":80279,"structure_id":14234,"section_number":"59.1-585","catch_line":"Repealed","url":"\/59.1-585\/","token":"59.1\/53\/59.1-585","metadata":false}],"next_section":{"id":63761,"structure_id":14234,"section_number":"59.1-576","catch_line":"Scope; exemptions","url":"\/59.1-576\/","token":"59.1\/53\/59.1-576","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-575\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2022, chapters 451<\/a> and 452<\/a>; in 2024, chapters 840<\/a> and 844<\/a>; in 2025, chapter 703<\/a>.<\/p>","references":[{"id":70121,"section_number":"59.1-198","catch_line":"Definitions","order_by":null,"url":"\/59.1-198\/"},{"id":82977,"section_number":"59.1-200","catch_line":"Prohibited practices","order_by":null,"url":"\/59.1-200\/"}],"refers_to":[{"id":76305,"section_number":"13.1-801","catch_line":"Short title","order_by":null,"url":"\/13.1-801\/"},{"id":83095,"section_number":"2.2-307","catch_line":"Definitions","order_by":null,"url":"\/2.2-307\/"},{"id":59984,"section_number":"23.1-100","catch_line":"Definitions","order_by":null,"url":"\/23.1-100\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":67276,"section_number":"32.1-276.3","catch_line":"Definitions","order_by":null,"url":"\/32.1-276.3\/"},{"id":86136,"section_number":"52-41","catch_line":"Receipt of information; immunity from liability","order_by":null,"url":"\/52-41\/"},{"id":77567,"section_number":"56-231.15","catch_line":"Definitions","order_by":null,"url":"\/56-231.15\/"},{"id":83673,"section_number":"59.1-577","catch_line":"Personal data rights; consumers","order_by":null,"url":"\/59.1-577\/"},{"id":83283,"section_number":"59.1-581","catch_line":"Processing de-identified data; exemptions","order_by":null,"url":"\/59.1-581\/"}],"permalink":{"id":262745,"object_type":"law","relational_id":81398,"identifier":"59.1-575","token":"59.1\/53\/59.1-575","url":"\/59.1-575\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-575\/","token":"59.1\/53\/59.1-575","dublin_core":{"Title":"(Effective January 1, 2026) Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-575","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:\n\t\t“Affiliate<\/span>” means a legal entity that controls<\/span>, is controlled<\/span> by, or is under common control<\/span> with another legal entity or shares common branding with another legal entity. For the purposes of this definition, “control<\/span>” or “controlled<\/span>” means (i) ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a company; (ii) control<\/span> in any manner over the election of a majority of the directors or of individuals exercising similar functions; or (iii) the power to exercise controlling influence over the management of a company.\n\t\t“Authenticate<\/span>” means verifying through reasonable means that the consumer, entitled to exercise his consumer rights in \u00a7 59.1-577<\/a>, is the same consumer exercising such consumer rights with respect to the personal data at issue<\/span>.\n\t\t“Biometric data<\/span>” means data generated by automatic measurements of an individual’s biological characteristics, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that is used to identify a specific individual. “Biometric data<\/span>” does not include a physical or digital photograph, a video or audio recording or data generated therefrom, or information collected, used, or stored for health care treatment, payment, or operations under HIPAA<\/span>.\n\t\t“Business associate<\/span>” means the same meaning as the term established by HIPAA<\/span>.\n\t\t“Child<\/span>” means any natural person younger than 13 years of age.\n\t\t“Consent<\/span>” means a clear affirmative act signifying a consumer’s freely given, specific, informed, and unambiguous agreement to process<\/span> personal data relating to the consumer. Consent<\/span> may include a written statement, including a statement written by electronic means, or any other unambiguous affirmative action.\n\t\t“Consumer” means a natural person who is a resident of the Commonwealth acting only in an individual or household context. It does not include a natural person acting in a commercial or employment context.\n\t\t“Controller<\/span>” means the natural or legal person that, alone or jointly with others, determines the purpose and means of processing<\/span> personal data.\n\t\t“Covered entity<\/span>” means the same as the term is established by HIPAA<\/span>.\n\t\t“Decisions that produce legal or similarly significant effects concerning a consumer<\/span>” means a decision made by the controller<\/span> that results in the provision or denial by the controller<\/span> of financial and lending services, housing, insurance, education enrollment, criminal justice, employment opportunities, health care services, or access to basic necessities, such as food and water.\n\t\t“De-identified data<\/span>” means data that cannot reasonably be linked to an identified or identifiable natural person<\/span>, or a device linked to such person. A controller<\/span> that possesses “de-identified data<\/span>” shall comply with the requirements of subsection A of \u00a7 59.1-581<\/a>.\n\t\t“Health record<\/span>” means the same as that term is defined in \u00a7 32.1-127.1:03<\/a>.\n\t\t“Health care provider<\/span>” means the same as that term is defined in \u00a7 32.1-276.3<\/a>.\n\t\t“HIPAA<\/span>” means the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. \u00a7 1320d et seq.).\n\t\t“Identified or identifiable natural person<\/span>” means a person who can be readily identified, directly or indirectly.\n\t\t“Institution of higher education<\/span>” means a public institution and private institution of higher education<\/span>, as those terms are defined in \u00a7 23.1-100<\/a>.\n\t\t“Nonprofit organization<\/span>” means any corporation organized under the Virginia Nonstock Corporation Act (\u00a7 13.1-801<\/a> et seq.) or any organization exempt from taxation under \u00a7 501(c)(3), 501(c)(6), or 501(c)(12) of the Internal Revenue Code, any political organization<\/span>, any organization exempt from taxation under \u00a7 501(c)(4) of the Internal Revenue Code that is identified in \u00a7 52-41<\/a>, and any subsidiary or affiliate<\/span> of entities organized pursuant to Chapter 9.1 (\u00a7 56-231.15<\/a> et seq.) of Title 56.\n\t\t“Online service, product, or feature<\/span>” means any service, product, or feature that is provided online. “Online service, product, or feature<\/span>” does not include telecommunications service, as defined in 47 U.S.C. \u00a7 153, broadband Internet access service, as defined in 47 C.F.R. \u00a7 54.400, or delivery or use of a physical product.\n\t\t“Parent<\/span>” means a parent<\/span> or legal guardian of a child<\/span> or minor<\/span>.\n\t\t“Personal data” means any information that is linked or reasonably linkable to an identified or identifiable natural person<\/span>. “Personal data” does not include de-identified data<\/span> or publicly available information<\/span>.\n\t\t“Political organization<\/span>” means a party, committee, association, fund, or other organization, whether or not incorporated, organized and operated primarily for the purpose of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization<\/span> or the election of a presidential\/vice-presidential elector, whether or not such individual or elector is selected, nominated, elected, or appointed.\n\t\t“Precise geolocation data<\/span>” means information derived from technology, including but not limited to global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of a natural person with precision and accuracy within a radius of 1,750 feet. “Precise geolocation data<\/span>” does not include the content of communications or any data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility.\n\t\t“Process<\/span>” or “processing<\/span>” means any operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data.\n\t\t“Processor<\/span>” means a natural or legal entity that processes personal data on behalf of a controller<\/span>.\n\t\t“Profiling<\/span>” means any form of automated processing<\/span> performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable natural person<\/span>’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.\n\t\t“Protected health information<\/span>” means the same as the term is established by HIPAA<\/span>.\n\t\t“Pseudonymous data<\/span>” means personal data that cannot be attributed to a specific natural person without the use of additional information, provided that such additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person<\/span>.\n\t\t“Publicly available information<\/span>” means information that is lawfully made available through federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by the consumer, or by a person to whom the consumer has disclosed the information, unless the consumer has restricted the information to a specific audience.\n\t\t“Sale of personal data<\/span>” means the exchange of personal data for monetary consideration by the controller<\/span> to a third party<\/span>. “Sale of personal data<\/span>” does not include:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The disclosure of personal data to a processor<\/span> that processes the personal data on behalf of the controller<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The disclosure of personal data to a third party<\/span> for purposes of providing a product or service requested by the consumer; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The disclosure or transfer of personal data to an affiliate<\/span> of the controller<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The disclosure of information that the consumer (i) intentionally made available to the general public via a channel of mass media and (ii) did not restrict to a specific audience; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The disclosure or transfer of personal data to a third party<\/span> as an asset that is part of a merger, acquisition, bankruptcy<\/span>, or other transaction in which the third party<\/span> assumes control<\/span> of all or part of the controller<\/span>’s assets<\/span>.\n\t\t\t“Sensitive data<\/span>” means a category of personal data that includes: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The processing<\/span> of genetic or biometric data<\/span> for the purpose of uniquely identifying a natural person; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The personal data collected from a known child<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Precise geolocation data<\/span>.\n\t\t\t“Social media platform<\/span>” means a public or semipublic Internet-based service or application that has users<\/span> in the Commonwealth and that meets the following criteria: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Connects users<\/span> in order<\/span> to allow users<\/span> to interact socially with each other within such service or application. No service or application that exclusively provides email or direct messaging services shall be considered to meet this criterion on the basis of that function alone; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Allows users<\/span> to do all of the following:\n\t\t\ta. Construct a public or semipublic profile for purposes of signing into and using such service or application;\n\t\t\tb. Populate a public list of other users<\/span> with whom such user<\/span> shares a social connection within such service or application; and\n\t\t\tc. Create or post content viewable by other users<\/span>, including content on message boards, in chat rooms, or through a landing page or main feed that presents the user<\/span> with content generated by other users<\/span>. No service or application that consists primarily of news, sports, entertainment, ecommerce, or content preselected by the provider and not generated by users<\/span>, and for which any chat, comments, or interactive functionality is incidental to, directly related to, or dependent on the provision of such content, or that is for interactive gaming, shall be considered to meet this criterion on the basis of that function alone.\n\t\t\t“State agency<\/span>” means the same as that term is defined in § 2.2-307<\/a>.\n\t\t\t“Targeted advertising<\/span>” means displaying advertisements to a consumer where the advertisement is selected based on personal data obtained from that consumer’s activities over time and across nonaffiliated websites or online applications to predict such consumer’s preferences or interests. “Targeted advertising<\/span>” does not include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Advertisements based on activities within a controller<\/span>’s own websites or online applications; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Advertisements based on the context of a consumer’s current search query, visit to a website, or online application; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Advertisements directed to a consumer in response to the consumer’s request for information or feedback; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Processing<\/span> personal data processed solely for measuring or reporting advertising performance, reach, or frequency.\n\t\t\t“Third party<\/span>” means a natural or legal person, public authority, agency, or body other than the consumer, controller<\/span>, processor<\/span>, or an affiliate<\/span> of the processor<\/span> or the controller<\/span>.\n\t\t\t“User<\/span>” means a person not acting as an agent of a controller<\/span> or processor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JANUARY 1, 2026) DEFINITIONS (\u00a7 59.1-575)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t“Affiliate” means a legal entity that controls, is controlled by,\nor is under common control with another legal entity or shares common branding\nwith another legal entity. For the purposes of this definition,\n“control” or “controlled” means (i) ownership of, or the\npower to vote, more than 50 percent of the outstanding shares of any class of\nvoting security of a company; (ii) control in any manner over the election of a\nmajority of the directors or of individuals exercising similar functions; or\n(iii) the power to exercise controlling influence over the management of a\ncompany.\n\t\t“Authenticate” means verifying through reasonable means that the\nconsumer, entitled to exercise his consumer rights in \u00a7 59.1-577, is the same\nconsumer exercising such consumer rights with respect to the personal data at\nissue.\n\t\t“Biometric data” means data generated by automatic measurements of\nan individual’s biological characteristics, such as a fingerprint,\nvoiceprint, eye retinas, irises, or other unique biological patterns or\ncharacteristics that is used to identify a specific individual. “Biometric\ndata” does not include a physical or digital photograph, a video or audio\nrecording or data generated therefrom, or information collected, used, or stored\nfor health care treatment, payment, or operations under HIPAA.\n\t\t“Business associate” means the same meaning as the term\nestablished by HIPAA.\n\t\t“Child” means any natural person younger than 13 years of age.\n\t\t“Consent” means a clear affirmative act signifying a\nconsumer’s freely given, specific, informed, and unambiguous agreement to\nprocess personal data relating to the consumer. Consent may include a written\nstatement, including a statement written by electronic means, or any other\nunambiguous affirmative action.\n\t\t“Consumer” means a natural person who is a resident of the\nCommonwealth acting only in an individual or household context. It does not\ninclude a natural person acting in a commercial or employment context.\n\t\t“Controller” means the natural or legal person that, alone or\njointly with others, determines the purpose and means of processing personal\ndata.\n\t\t“Covered entity” means the same as the term is established by\nHIPAA.\n\t\t“Decisions that produce legal or similarly significant effects\nconcerning a consumer” means a decision made by the controller that\nresults in the provision or denial by the controller of financial and lending\nservices, housing, insurance, education enrollment, criminal justice, employment\nopportunities, health care services, or access to basic necessities, such as\nfood and water.\n\t\t“De-identified data” means data that cannot reasonably be linked\nto an identified or identifiable natural person, or a device linked to such\nperson. A controller that possesses “de-identified data” shall\ncomply with the requirements of subsection A of \u00a7 59.1-581.\n\t\t“Health record” means the same as that term is defined in \u00a7\n32.1-127.1:03.\n\t\t“Health care provider” means the same as that term is defined in\n\u00a7 32.1-276.3.\n\t\t“HIPAA” means the federal Health Insurance Portability and\nAccountability Act of 1996 (42 U.S.C. \u00a7 1320d et seq.).\n\t\t“Identified or identifiable natural person” means a person who can\nbe readily identified, directly or indirectly.\n\t\t“Institution of higher education” means a public institution and\nprivate institution of higher education, as those terms are defined in \u00a7\n23.1-100.\n\t\t“Nonprofit organization” means any corporation organized under the\nVirginia Nonstock Corporation Act (\u00a7 13.1-801 et seq.) or any organization\nexempt from taxation under \u00a7 501(c)(3), 501(c)(6), or 501(c)(12) of the\nInternal Revenue Code, any political organization, any organization exempt from\ntaxation under \u00a7 501(c)(4) of the Internal Revenue Code that is identified in\n\u00a7 52-41, and any subsidiary or affiliate of entities organized pursuant to\nChapter 9.1 (\u00a7 56-231.15 et seq.) of Title 56.\n\t\t“Online service, product, or feature” means any service, product,\nor feature that is provided online. “Online service, product, or\nfeature” does not include telecommunications service, as defined in 47\nU.S.C. \u00a7 153, broadband Internet access service, as defined in 47 C.F.R. \u00a7\n54.400, or delivery or use of a physical product.\n\t\t“Parent” means a parent or legal guardian of a child or minor.\n\t\t“Personal data” means any information that is linked or reasonably\nlinkable to an identified or identifiable natural person. “Personal\ndata” does not include de-identified data or publicly available\ninformation.\n\t\t“Political organization” means a party, committee, association,\nfund, or other organization, whether or not incorporated, organized and operated\nprimarily for the purpose of influencing or attempting to influence the\nselection, nomination, election, or appointment of any individual to any\nfederal, state, or local public office or office in a political organization or\nthe election of a presidential\/vice-presidential elector, whether or not such\nindividual or elector is selected, nominated, elected, or appointed.\n\t\t“Precise geolocation data” means information derived from\ntechnology, including but not limited to global positioning system level\nlatitude and longitude coordinates or other mechanisms, that directly identifies\nthe specific location of a natural person with precision and accuracy within a\nradius of 1,750 feet. “Precise geolocation data” does not include\nthe content of communications or any data generated by or connected to advanced\nutility metering infrastructure systems or equipment for use by a utility.\n\t\t“Process” or “processing” means any operation or set\nof operations performed, whether by manual or automated means, on personal data\nor on sets of personal data, such as the collection, use, storage, disclosure,\nanalysis, deletion, or modification of personal data.\n\t\t“Processor” means a natural or legal entity that processes\npersonal data on behalf of a controller.\n\t\t“Profiling” means any form of automated processing performed on\npersonal data to evaluate, analyze, or predict personal aspects related to an\nidentified or identifiable natural person’s economic situation, health,\npersonal preferences, interests, reliability, behavior, location, or movements.\n\t\t“Protected health information” means the same as the term is\nestablished by HIPAA.\n\t\t“Pseudonymous data” means personal data that cannot be attributed\nto a specific natural person without the use of additional information, provided\nthat such additional information is kept separately and is subject to\nappropriate technical and organizational measures to ensure that the personal\ndata is not attributed to an identified or identifiable natural person.\n\t\t“Publicly available information” means information that is\nlawfully made available through federal, state, or local government records, or\ninformation that a business has a reasonable basis to believe is lawfully made\navailable to the general public through widely distributed media, by the\nconsumer, or by a person to whom the consumer has disclosed the information,\nunless the consumer has restricted the information to a specific audience.\n\t\t“Sale of personal data” means the exchange of personal data for\nmonetary consideration by the controller to a third party. “Sale of\npersonal data” does not include:\n\n1. The disclosure of personal data to a processor that processes the personal\ndata on behalf of the controller;\n\n2. The disclosure of personal data to a third party for purposes of providing a\nproduct or service requested by the consumer;\n\n3. The disclosure or transfer of personal data to an affiliate of the\ncontroller;\n\n4. The disclosure of information that the consumer (i) intentionally made\navailable to the general public via a channel of mass media and (ii) did not\nrestrict to a specific audience; or\n\n5. The disclosure or transfer of personal data to a third party as an asset that\nis part of a merger, acquisition, bankruptcy, or other transaction in which the\nthird party assumes control of all or part of the controller’s assets.\n\t\t\t“Sensitive data” means a category of personal data that includes:\n\n1. Personal data revealing racial or ethnic origin, religious beliefs, mental or\nphysical health diagnosis, sexual orientation, or citizenship or immigration\nstatus;\n\n2. The processing of genetic or biometric data for the purpose of uniquely\nidentifying a natural person;\n\n3. The personal data collected from a known child; or\n\n4. Precise geolocation data.\n\t\t\t“Social media platform” means a public or semipublic\nInternet-based service or application that has users in the Commonwealth and\nthat meets the following criteria:\n\n1. Connects users in order to allow users to interact socially with each other\nwithin such service or application. No service or application that exclusively\nprovides email or direct messaging services shall be considered to meet this\ncriterion on the basis of that function alone; and\n\n2. Allows users to do all of the following:\n\t\t\ta. Construct a public or semipublic profile for purposes of signing into and\nusing such service or application;\n\t\t\tb. Populate a public list of other users with whom such user shares a social\nconnection within such service or application; and\n\t\t\tc. Create or post content viewable by other users, including content on\nmessage boards, in chat rooms, or through a landing page or main feed that\npresents the user with content generated by other users. No service or\napplication that consists primarily of news, sports, entertainment, ecommerce,\nor content preselected by the provider and not generated by users, and for which\nany chat, comments, or interactive functionality is incidental to, directly\nrelated to, or dependent on the provision of such content, or that is for\ninteractive gaming, shall be considered to meet this criterion on the basis of\nthat function alone.\n\t\t\t“State agency” means the same as that term is defined in §\n2.2-307.\n\t\t\t“Targeted advertising” means displaying advertisements to a\nconsumer where the advertisement is selected based on personal data obtained\nfrom that consumer’s activities over time and across nonaffiliated\nwebsites or online applications to predict such consumer’s preferences or\ninterests. “Targeted advertising” does not include:\n\n1. Advertisements based on activities within a controller’s own websites\nor online applications;\n\n2. Advertisements based on the context of a consumer’s current search\nquery, visit to a website, or online application;\n\n3. Advertisements directed to a consumer in response to the consumer’s\nrequest for information or feedback; or\n\n4. Processing personal data processed solely for measuring or reporting\nadvertising performance, reach, or frequency.\n\t\t\t“Third party” means a natural or legal person, public authority,\nagency, or body other than the consumer, controller, processor, or an affiliate\nof the processor or the controller.\n\t\t\t“User” means a person not acting as an agent of a controller or\nprocessor.\n\nHISTORY: 2021, Sp. Sess. I, cc. 35, 36; 2022, cc. 451, 452; 2024, cc. 840, 844;\n2025, c. 703.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}