Can I use third-party HR tools that collect personal information in Virginia? What are the requirements?

Using Third-Party HR Tools in Virginia

If you are planning to use third-party HR tools that collect personal information in Virginia, you must comply with the state’s privacy laws. Virginia has enacted the Virginia Consumer Data Protection Act (VCDPA), which regulates the collection, use, and disclosure of personal data of Virginia residents by businesses.

Under the VCDPA, businesses that collect personal data of Virginia residents must provide a privacy notice that includes the categories of personal data collected, the purposes for which the data is used, and the categories of third parties with whom the data is shared. Additionally, businesses must obtain the consent of the data subject before collecting sensitive data, such as health information or biometric data.

If you are using third-party HR tools that collect personal information, you must ensure that the tools comply with the VCDPA. You should review the privacy policies of the tools and ensure that they provide the necessary disclosures and obtain the necessary consents.

It is also important to note that the VCDPA provides Virginia residents with certain rights regarding their personal data, such as the right to access, correct, and delete their data. Businesses must provide a mechanism for individuals to exercise these rights.

Jurisdiction

Virginia

• Privacy