{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-578.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-578.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-578.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-578.html"}],"law_id":84222,"edition_id":1,"section_id":84222,"structure_id":14234,"section_number":"59.1-578","catch_line":"Data controller responsibilities; transparency","history":"2021, Sp. Sess. I, cc. 35, 36; 2024, cc. 840, 844.","full_text":"A\n\nA controller shall:1\n\nLimit the collection of personal data to what is adequate, relevant, and reasonably necessary in relation to the purposes for which such data is processed, as disclosed to the consumer;2\n\nExcept as otherwise provided in this chapter, not process personal data for purposes that are neither reasonably necessary to nor compatible with the disclosed purposes for which such personal data is processed, as disclosed to the consumer, unless the controller obtains the consumer’s consent;3\n\nEstablish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and accessibility of personal data. Such data security practices shall be appropriate to the volume and nature of the personal data at issue;4\n\nNot process personal data in violation of state and federal laws that prohibit unlawful discrimination against consumers. A controller shall not discriminate against a consumer for exercising any of the consumer rights contained in this chapter, including denying goods or services, charging different prices or rates for goods or services, or providing a different level of quality of goods and services to the consumer. However, nothing in this subdivision shall be construed to require a controller to provide a product or service that requires the personal data of a consumer that the controller does not collect or maintain or to prohibit a controller from offering a different price, rate, level, quality, or selection of goods or services to a consumer, including offering goods or services for no fee, if the consumer has exercised his right to opt out pursuant to § 59.1-577 or the offer is related to a consumer’s voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program; and5\n\nNot process sensitive data concerning a consumer without obtaining the consumer’s consent, or, in the case of the processing of sensitive data concerning a known child, without processing such data in accordance with the federal Children’s Online Privacy Protection Act (15 U.S.C. § 6501 et seq.).B\n\nAny provision of a contract or agreement of any kind that purports to waive or limit in any way consumer rights pursuant to § 59.1-577 shall be deemed contrary to public policy and shall be void and unenforceable.C\n\nControllers shall provide consumers with a reasonably accessible, clear, and meaningful privacy notice that includes:1\n\nThe categories of personal data processed by the controller;2\n\nThe purpose for processing personal data;3\n\nHow consumers may exercise their consumer rights pursuant § 59.1-577, including how a consumer may appeal a controller’s decision with regard to the consumer’s request;4\n\nThe categories of personal data that the controller shares with third parties, if any; and5\n\nThe categories of third parties, if any, with whom the controller shares personal data.D\n\nIf a controller sells personal data to third parties or processes personal data for targeted advertising, the controller shall clearly and conspicuously disclose such processing, as well as the manner in which a consumer may exercise the right to opt out of such processing.E\n\nA controller shall establish, and shall describe in a privacy notice, one or more secure and reliable means for consumers to submit a request to exercise their consumer rights under this chapter. Such means shall take into account the ways in which consumers normally interact with the controller, the need for secure and reliable communication of such requests, and the ability of the controller to authenticate the identity of the consumer making the request. Controllers shall not require a consumer to create a new account in order to exercise consumer rights pursuant to § 59.1-577 but may require a consumer to use an existing account.F\n\n1. Subject to the consent requirement established by subdivision 3, no controller shall process any personal data collected from a known child:\n\t\t\ta. For the purposes of (i) targeted advertising, (ii) the sale of such personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer;\n\t\t\tb. Unless such processing is reasonably necessary to provide the online service, product, or feature;\n\t\t\tc. For any processing purpose other than the processing purpose that the controller disclosed at the time such controller collected such personal data or that is reasonably necessary for and compatible with such disclosed purpose; or\n\t\t\td. For longer than is reasonably necessary to provide the online service, product, or feature.2\n\nSubject to the consent requirement established by subdivision 3, no controller shall collect precise geolocation data from a known child unless (i) such precise geolocation data is reasonably necessary for the controller to provide an online service, product, or feature and, if such data is necessary to provide such online service, product, or feature, such controller shall only collect such data for the time necessary to provide such online service, product, or feature and (ii) the controller provides to the known child a signal indicating that such controller is collecting such precise geolocation data, which signal shall be available to such known child for the entire duration of such collection.3\n\nNo controller shall engage in the activities described in subdivisions 1 or 2 unless the controller obtains consent from the child’s parent or legal guardian in accordance with the federal Children’s Online Privacy Protection Act (15 U.S.C. § 6501 et seq.).","order_by":null,"text":{"0":{"id":301858,"text":"A controller shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":301859,"text":"Limit the collection of personal data to what is adequate, relevant, and reasonably necessary in relation to the purposes for which such data is processed, as disclosed to the consumer;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":301860,"text":"Except as otherwise provided in this chapter, not process personal data for purposes that are neither reasonably necessary to nor compatible with the disclosed purposes for which such personal data is processed, as disclosed to the consumer, unless the controller obtains the consumer’s consent;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":301861,"text":"Establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and accessibility of personal data. Such data security practices shall be appropriate to the volume and nature of the personal data at issue;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":301862,"text":"Not process personal data in violation of state and federal laws that prohibit unlawful discrimination against consumers. A controller shall not discriminate against a consumer for exercising any of the consumer rights contained in this chapter, including denying goods or services, charging different prices or rates for goods or services, or providing a different level of quality of goods and services to the consumer. However, nothing in this subdivision shall be construed to require a controller to provide a product or service that requires the personal data of a consumer that the controller does not collect or maintain or to prohibit a controller from offering a different price, rate, level, quality, or selection of goods or services to a consumer, including offering goods or services for no fee, if the consumer has exercised his right to opt out pursuant to § 59.1-577 or the offer is related to a consumer’s voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program; and","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":301863,"text":"Not process sensitive data concerning a consumer without obtaining the consumer’s consent, or, in the case of the processing of sensitive data concerning a known child, without processing such data in accordance with the federal Children’s Online Privacy Protection Act (15 U.S.C. § 6501 et seq.).","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":301864,"text":"Any provision of a contract or agreement of any kind that purports to waive or limit in any way consumer rights pursuant to § 59.1-577 shall be deemed contrary to public policy and shall be void and unenforceable.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"7":{"id":301865,"text":"Controllers shall provide consumers with a reasonably accessible, clear, and meaningful privacy notice that includes:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"8":{"id":301866,"text":"The categories of personal data processed by the controller;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"9":{"id":301867,"text":"The purpose for processing personal data;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"10":{"id":301868,"text":"How consumers may exercise their consumer rights pursuant § 59.1-577, including how a consumer may appeal a controller’s decision with regard to the consumer’s request;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"11":{"id":301869,"text":"The categories of personal data that the controller shares with third parties, if any; and","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"12":{"id":301870,"text":"The categories of third parties, if any, with whom the controller shares personal data.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"D"},"13":{"id":301871,"text":"If a controller sells personal data to third parties or processes personal data for targeted advertising, the controller shall clearly and conspicuously disclose such processing, as well as the manner in which a consumer may exercise the right to opt out of such processing.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C5","next_prefix":"E"},"14":{"id":301872,"text":"A controller shall establish, and shall describe in a privacy notice, one or more secure and reliable means for consumers to submit a request to exercise their consumer rights under this chapter. Such means shall take into account the ways in which consumers normally interact with the controller, the need for secure and reliable communication of such requests, and the ability of the controller to authenticate the identity of the consumer making the request. Controllers shall not require a consumer to create a new account in order to exercise consumer rights pursuant to § 59.1-577 but may require a consumer to use an existing account.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"15":{"id":301873,"text":"1. Subject to the consent requirement established by subdivision 3, no controller shall process any personal data collected from a known child:\n\t\t\ta. For the purposes of (i) targeted advertising, (ii) the sale of such personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer;\n\t\t\tb. Unless such processing is reasonably necessary to provide the online service, product, or feature;\n\t\t\tc. For any processing purpose other than the processing purpose that the controller disclosed at the time such controller collected such personal data or that is reasonably necessary for and compatible with such disclosed purpose; or\n\t\t\td. For longer than is reasonably necessary to provide the online service, product, or feature.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F2"},"16":{"id":301874,"text":"Subject to the consent requirement established by subdivision 3, no controller shall collect precise geolocation data from a known child unless (i) such precise geolocation data is reasonably necessary for the controller to provide an online service, product, or feature and, if such data is necessary to provide such online service, product, or feature, such controller shall only collect such data for the time necessary to provide such online service, product, or feature and (ii) the controller provides to the known child a signal indicating that such controller is collecting such precise geolocation data, which signal shall be available to such known child for the entire duration of such collection.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F","next_prefix":"F3"},"17":{"id":301875,"text":"No controller shall engage in the activities described in subdivisions 1 or 2 unless the controller obtains consent from the child’s parent or legal guardian in accordance with the federal Children’s Online Privacy Protection Act (15 U.S.C. § 6501 et seq.).","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-578\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2024, chapters 840<\/a> and 844<\/a>.<\/p>","references":[{"id":60582,"section_number":"59.1-580","catch_line":"Data protection assessments","order_by":null,"url":"\/59.1-580\/"},{"id":83283,"section_number":"59.1-581","catch_line":"Processing de-identified data; exemptions","order_by":null,"url":"\/59.1-581\/"}],"refers_to":[{"id":83673,"section_number":"59.1-577","catch_line":"Personal data rights; consumers","order_by":null,"url":"\/59.1-577\/"}],"permalink":{"id":262761,"object_type":"law","relational_id":84222,"identifier":"59.1-578","token":"59.1\/53\/59.1-578","url":"\/59.1-578\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-578\/","token":"59.1\/53\/59.1-578","dublin_core":{"Title":"Data controller responsibilities; transparency","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-578","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A controller<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Limit the collection of personal data<\/span> to what is adequate, relevant, and reasonably necessary in relation to the purposes for which such data is processed, as disclosed to the consumer<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Except as otherwise provided in this chapter, not process<\/span> personal data<\/span> for purposes that are neither reasonably necessary to nor compatible with the disclosed purposes for which such personal data<\/span> is processed, as disclosed to the consumer<\/span>, unless the controller<\/span> obtains the consumer<\/span>’s consent<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and accessibility of personal data<\/span>. Such data security practices shall be appropriate to the volume and nature of the personal data<\/span> at issue<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Not process<\/span> personal data<\/span> in violation of state and federal laws<\/span> that prohibit unlawful discrimination against consumers<\/span>. A controller<\/span> shall not discriminate against a consumer<\/span> for exercising any of the consumer<\/span> rights contained in this chapter, including denying goods or services, charging different prices or rates for goods or services, or providing a different level of quality of goods and services to the consumer<\/span>. However, nothing in this subdivision shall be construed to require a controller<\/span> to provide a product or service that requires the personal data<\/span> of a consumer<\/span> that the controller<\/span> does not collect or maintain or to prohibit a controller<\/span> from offering a different price, rate, level, quality, or selection of goods or services to a consumer<\/span>, including offering goods or services for no fee, if the consumer<\/span> has exercised his right to opt out pursuant to § 59.1-577<\/a> or the offer is related to a consumer<\/span>’s voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Not process<\/span> sensitive data<\/span> concerning a consumer<\/span> without obtaining the consumer<\/span>’s consent<\/span>, or, in the case of the processing<\/span> of sensitive data<\/span> concerning a known child<\/span>, without processing<\/span> such data in accordance with the federal Children’s Online Privacy Protection Act (15 U.S.C. § 6501 et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any provision of a contract<\/span> or agreement of any kind that purports to waive<\/span> or limit in any way consumer<\/span> rights pursuant to § 59.1-577<\/a> shall be deemed contrary to public policy and shall be void and unenforceable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Controllers<\/span> shall provide consumers<\/span> with a reasonably accessible, clear, and meaningful privacy notice that includes: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The categories of personal data<\/span> processed by the controller<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The purpose for processing<\/span> personal data<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> How consumers<\/span> may exercise their consumer<\/span> rights pursuant § 59.1-577<\/a>, including how a consumer<\/span> may appeal<\/span> a controller<\/span>’s decision with regard to the consumer<\/span>’s request; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The categories of personal data<\/span> that the controller<\/span> shares with third parties, if any; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The categories of third parties, if any, with whom the controller<\/span> shares personal data<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a controller<\/span> sells personal data<\/span> to third parties or processes personal data<\/span> for targeted advertising<\/span>, the controller<\/span> shall clearly and conspicuously disclose such processing<\/span>, as well as the manner in which a consumer<\/span> may exercise the right to opt out of such processing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A controller<\/span> shall establish, and shall describe in a privacy notice, one or more secure and reliable means for consumers<\/span> to submit a request to exercise their consumer<\/span> rights under this chapter. Such means shall take into account the ways in which consumers<\/span> normally interact with the controller<\/span>, the need for secure and reliable communication of such requests, and the ability of the controller<\/span> to authenticate<\/span> the identity of the consumer<\/span> making the request. Controllers<\/span> shall not require a consumer<\/span> to create a new account in order<\/span> to exercise consumer<\/span> rights pursuant to § 59.1-577<\/a> but may require a consumer<\/span> to use an existing account. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> 1. Subject to the consent<\/span> requirement established by subdivision 3, no controller<\/span> shall process<\/span> any personal data<\/span> collected from a known child<\/span>:\n\t\t\ta. For the purposes of (i) targeted advertising<\/span>, (ii) the sale of such personal data<\/span>, or (iii) profiling<\/span> in furtherance of decisions that produce legal or similarly significant effects concerning a consumer<\/span>;\n\t\t\tb. Unless such processing<\/span> is reasonably necessary to provide the online service, product, or feature<\/span>;\n\t\t\tc. For any processing<\/span> purpose other than the processing<\/span> purpose that the controller<\/span> disclosed at the time such controller<\/span> collected such personal data<\/span> or that is reasonably necessary for and compatible with such disclosed purpose; or\n\t\t\td. For longer than is reasonably necessary to provide the online service, product, or feature<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Subject to the consent<\/span> requirement established by subdivision 3, no controller<\/span> shall collect precise geolocation data<\/span> from a known child<\/span> unless (i) such precise geolocation data<\/span> is reasonably necessary for the controller<\/span> to provide an online service, product, or feature<\/span> and, if such data is necessary to provide such online service, product, or feature<\/span>, such controller<\/span> shall only collect such data for the time necessary to provide such online service, product, or feature<\/span> and (ii) the controller<\/span> provides to the known child<\/span> a signal indicating that such controller<\/span> is collecting such precise geolocation data<\/span>, which signal shall be available to such known child<\/span> for the entire duration of such collection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> No controller<\/span> shall engage in the activities described in subdivisions 1 or 2 unless the controller<\/span> obtains consent<\/span> from the child<\/span>’s parent<\/span> or legal guardian in accordance with the federal Children’s Online Privacy Protection Act (15 U.S.C. § 6501 et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDATA CONTROLLER RESPONSIBILITIES; TRANSPARENCY (\u00a7 59.1-578)\n\nA. A controller shall:\n\n 1. Limit the collection of personal data to what is adequate, relevant, and\n reasonably necessary in relation to the purposes for which such data is\n processed, as disclosed to the consumer;\n\n 2. Except as otherwise provided in this chapter, not process personal data for\n purposes that are neither reasonably necessary to nor compatible with the\n disclosed purposes for which such personal data is processed, as disclosed to\n the consumer, unless the controller obtains the consumer’s consent;\n\n 3. Establish, implement, and maintain reasonable administrative, technical,\n and physical data security practices to protect the confidentiality,\n integrity, and accessibility of personal data. Such data security practices\n shall be appropriate to the volume and nature of the personal data at issue;\n\n 4. Not process personal data in violation of state and federal laws that\n prohibit unlawful discrimination against consumers. A controller shall not\n discriminate against a consumer for exercising any of the consumer rights\n contained in this chapter, including denying goods or services, charging\n different prices or rates for goods or services, or providing a different\n level of quality of goods and services to the consumer. However, nothing in\n this subdivision shall be construed to require a controller to provide a\n product or service that requires the personal data of a consumer that the\n controller does not collect or maintain or to prohibit a controller from\n offering a different price, rate, level, quality, or selection of goods or\n services to a consumer, including offering goods or services for no fee, if\n the consumer has exercised his right to opt out pursuant to § 59.1-577 or\n the offer is related to a consumer’s voluntary participation in a bona\n fide loyalty, rewards, premium features, discounts, or club card program; and\n\n 5. Not process sensitive data concerning a consumer without obtaining the\n consumer’s consent, or, in the case of the processing of sensitive data\n concerning a known child, without processing such data in accordance with the\n federal Children’s Online Privacy Protection Act (15 U.S.C. § 6501\n et seq.).\n\nB. Any provision of a contract or agreement of any kind that purports to waive\nor limit in any way consumer rights pursuant to § 59.1-577 shall be deemed\ncontrary to public policy and shall be void and unenforceable.\n\nC. Controllers shall provide consumers with a reasonably accessible, clear, and\nmeaningful privacy notice that includes:\n\n 1. The categories of personal data processed by the controller;\n\n 2. The purpose for processing personal data;\n\n 3. How consumers may exercise their consumer rights pursuant § 59.1-577,\n including how a consumer may appeal a controller’s decision with regard\n to the consumer’s request;\n\n 4. The categories of personal data that the controller shares with third\n parties, if any; and\n\n 5. The categories of third parties, if any, with whom the controller shares\n personal data.\n\nD. If a controller sells personal data to third parties or processes personal\ndata for targeted advertising, the controller shall clearly and conspicuously\ndisclose such processing, as well as the manner in which a consumer may exercise\nthe right to opt out of such processing.\n\nE. A controller shall establish, and shall describe in a privacy notice, one or\nmore secure and reliable means for consumers to submit a request to exercise\ntheir consumer rights under this chapter. Such means shall take into account the\nways in which consumers normally interact with the controller, the need for\nsecure and reliable communication of such requests, and the ability of the\ncontroller to authenticate the identity of the consumer making the request.\nControllers shall not require a consumer to create a new account in order to\nexercise consumer rights pursuant to § 59.1-577 but may require a consumer\nto use an existing account.\n\nF. 1. Subject to the consent requirement established by subdivision 3, no\ncontroller shall process any personal data collected from a known child:\n\t\t\ta. For the purposes of (i) targeted advertising, (ii) the sale of such\npersonal data, or (iii) profiling in furtherance of decisions that produce legal\nor similarly significant effects concerning a consumer;\n\t\t\tb. Unless such processing is reasonably necessary to provide the online\nservice, product, or feature;\n\t\t\tc. For any processing purpose other than the processing purpose that the\ncontroller disclosed at the time such controller collected such personal data or\nthat is reasonably necessary for and compatible with such disclosed purpose; or\n\t\t\td. For longer than is reasonably necessary to provide the online service,\nproduct, or feature.\n\n 2. Subject to the consent requirement established by subdivision 3, no\n controller shall collect precise geolocation data from a known child unless\n (i) such precise geolocation data is reasonably necessary for the controller\n to provide an online service, product, or feature and, if such data is\n necessary to provide such online service, product, or feature, such controller\n shall only collect such data for the time necessary to provide such online\n service, product, or feature and (ii) the controller provides to the known\n child a signal indicating that such controller is collecting such precise\n geolocation data, which signal shall be available to such known child for the\n entire duration of such collection.\n\n 3. No controller shall engage in the activities described in subdivisions 1 or\n 2 unless the controller obtains consent from the child’s parent or legal\n guardian in accordance with the federal Children’s Online Privacy\n Protection Act (15 U.S.C. § 6501 et seq.).\n\nHISTORY: 2021, Sp. Sess. I, cc. 35, 36; 2024, cc. 840, 844.","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}}