Can I prioritize privacy compliance to gain a competitive advantage, reduce the possibility of regulatory issues, and help secure valuable partnerships in Virginia? What are the requirements?

Yes, prioritizing privacy compliance can give you a competitive advantage, reduce the possibility of regulatory issues, and help secure valuable partnerships in Virginia. The following are the requirements for privacy compliance in Virginia:

Privacy Compliance Requirements in Virginia

To prioritize privacy compliance in Virginia, you must comply with the requirements outlined in VACV 2.2-3803 and VACV 59.1-578. These requirements include limiting the collection of personal data, establishing reasonable data security practices, providing consumers with a clear and meaningful privacy notice, and disclosing the processing of personal data for targeted advertising. By complying with these requirements, you can gain a competitive advantage, reduce the possibility of regulatory issues, and help secure valuable partnerships in Virginia.

Additionally, if you are looking to become a compliance agent in Virginia, you must meet certain eligibility requirements, file a properly completed application, provide a fingerprint card, and pay the applicable, nonrefundable application fee. You must also comply with all applicable administrative requirements and standards of conduct, including conforming to all requirements pursuant to the Code of Virginia and maintaining at all times with the department your mailing address and email address if applicable. You must not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-173, 6VAC20-174, or this chapter. You must not commit any act or omission that results in a private security license or registration being suspended, revoked, or not renewed, or the licensee or registrant otherwise being disciplined in any jurisdiction. You must not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, or firearms. You must inform the department, and the licensee for which you are designated as compliance agent if applicable, in writing within 10 days after pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia. You must inform the department, and the licensee for which you are designated as compliance agent if applicable, in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction. You must not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation. You must be designated with the department as compliance agent for a licensee and ensure that the licensee and all employees regulated or required to be regulated by the board conform to all application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia, 6VAC20-174, and this chapter. You must maintain documentation for all employees or persons otherwise utilized that verifies compliance with requirements pursuant to the Code of Virginia, 6VAC20-174, and this chapter. You must notify the department in writing within 10 calendar days following termination of your employment as compliance agent for the licensee. You must ensure that all employees regulated by the board carry a department-issued registration card or temporary registration letter along with a photo identification while on duty. You must ensure that all regulated employees authorized to provide private security services while completing compulsory minimum training standards pursuant to § 9.1-139 H of the Code of Virginia carry a photo identification along with an authorization form provided by the department while on duty. You must not engage in acts of unprofessional conduct in the practice of private security services, engage in acts of negligent or incompetent private security services, make any misrepresentation or false promise to a private security services business client or potential private security services business client, satisfy all judgments to include binding arbitrations related to private security services not provided, publish or cause to be published any material relating to private security services that contain an assertion, representation, or statement of fact that is false, deceptive, or misleading, conduct private security business under a fictitious or assumed name unless the name is on file with the Department of Criminal Justice Services, not violate any state or local ordinances related to private security services, not provide false or misleading information to representatives of the department, not use access to the department’s database information for any other purpose than verifying employee’s application status, not allow another to use access granted to the department’s database for any purpose, and not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

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Source(s):

• [1.2] Compliance agent certification requirements
• [1.3] Compliance agent administrative requirements and standards of conduct
• [3.1] (Effective January 1, 2023) Data controller responsibilities; transparency

Jurisdiction

Virginia

• Privacy