Can I avoid tracking unique users or website visitors in Virginia? What are the requirements?

Avoiding Tracking Unique Users or Website Visitors in Virginia

If you are collecting data on website visitors or tracking unique users in Virginia, you may be subject to certain legal requirements. The Virginia Code includes several provisions related to the security and privacy of voter registration information, but it does not specifically address website tracking or user data collection.

However, the Virginia Consumer Data Protection Act (CDPA) will become effective on January 1, 2023, and it will impose certain obligations on businesses that collect, use, and disclose personal data of Virginia residents. Under the CDPA, businesses must provide certain disclosures to consumers about their data collection practices, obtain consent for certain types of data processing, and implement reasonable data security measures.

To avoid tracking unique users or website visitors in Virginia, you may consider implementing the following measures:

• Provide clear and conspicuous disclosures to website visitors about your data collection practices, including the types of data you collect, how you use the data, and whether you share the data with third parties.
• Obtain affirmative consent from website visitors before collecting or processing certain types of data, such as geolocation data or sensitive personal information.
• Implement reasonable data security measures to protect the data you collect from unauthorized access, use, or disclosure.
• Regularly review and update your data collection and processing practices to ensure compliance with applicable laws and regulations.

It is important to note that the CDPA applies to businesses that meet certain thresholds, such as those that process personal data of at least 100,000 consumers or derive at least 50% of their gross revenue from the sale of personal data. If your business does not meet these thresholds, you may not be subject to the CDPA.

Jurisdiction

Virginia

• Privacy