The CCPA has ushered in a new era of data privacy protections in the U.S. Since the passage of the CCPA [What Is The California Consumer Privacy Act (CCPA)?], two other states – Virginia and Colorado – have enacted similar comprehensive consumer privacy protection statutes. This follows on the heels of similar data privacy protection efforts in other states. We noted in our previous blog on CCPA expansion that “several other states, including New York, Maryland, Massachusetts, Hawaii, and North Dakota, have enacted privacy laws with varying requirements.” [PRIVACY LAW COMPLIANCE: CORPORATE SUPPORT FOR CCPA EXPANSION GLOBALLY]
The Virginia statute – called the Consumer Data Protection Act (“CDPA”) – was passed in March 2021 and will take effect on January 1, 2023. In most respects, the Virginia statute is similar to the CCPA, but expands the coverage of the act so that more businesses will be required to comply with the statute. The Virginia CDPA also mandates that businesses provide an internal “appeal process” whereby consumers can dispute a decision made with respect to data privacy rights.
The Colorado statute – called the Consumer Privacy Act (“CPA”) – was passed in July 2021 and will take effect on July 1, 2023. Again, in most respects, the Colorado statute is similar to the CCPA, but coverage is more expansive. The CCPA uses various thresholds – such as annual revenue – to determine which businesses must comply. There are no similar thresholds in the Colorado statutes. Thus, most Colorado businesses will be required to comply with the statute. Further, Colorado treats violations as a form of deceptive business practice, which could subject violators to fines as large as $20,000 per violation. Like the Virginia statute, there is no private right of action in the CPA.
Since the passage of the CCPA in 2018, there has been a rapid increase in the number of states that have introduced consumer privacy legislation. (See chart here.) In 2018, only two state-level bills were introduced. In 2019, that number jumped to 13 and then, in 2020, increased to 16. In 2021, five more states introduced comprehensive data privacy legislation. As noted, only three states have actually enacted such legislation, but that is very likely to change in the coming years. From this map, it can be seen that Washington, Vermont, Oklahoma, and Florida are furthest along in the legislative process.
For more information, contact Baer Reed. We provide a variety of legal support solutions, including support for data privacy compliance and internal investigations, to law firms and in-house legal teams around the globe. To learn more, contact us online or call us today at 888-433-1990.
See our other blogs on the CCPA: What Is The California Consumer Privacy Act (CCPA)?, How Does The New California Privacy Law Affect Other States?, Key Provisions You Should Know From The CCPA, CCPA Compliance: Tighter Restrictions From The CCPA & Proposition 24, Privacy Law Compliance: Corporate Support For CCPA Expansion Globally
Mr. Reyes graduated with honors from the Ateneo de Manila University, where he received the Procter and Gamble Student Excellence Award. He obtained his Juris Doctor degree from the Ateneo de Manila School of Law. During law school, Mr. Reyes was part of the Philippine delegation to the Willem C. Vis International Commercial Arbitration Moot held in Vienna, Austria. He was also a member of the Ateneo Society of International Law and the St. Thomas More Debate Society. He completed his internship at the Public Attorney’s Office. He wrote a thesis entitled: “To Kill A White Elephant: An Analysis of the Fiduciary Exception to the Corporate Attorney-Client Privilege”. Mr. Reyes is admitted to practice law in the Philippines and the State of New York.
Ms. Lardizabal-Manzano is a graduate of San Sebastian College-Recoletos, where she earned her B.A. in Political Science. In 2003, she received her law degree from Lyceum of the Philippines and was admitted to practice law in 2004.
Matthew Hersh earned a B.A. in Political Science from Columbia University in 1990 and graduated cum laude from Georgetown University Law Center in 1999. He also holds a master’s degree in international relations from the Georgetown University School of Foreign Service.
Cap. Avi Levak (Res. IDF) graduated from from Israel’s prestigious Ben-Gurion University of the Negev with a Bachelor of Science in Computer Science and Mathematics. He is also a Leadership and Communication coach trained in TuT coaching by Alon gal in Israel. Avi specializes in high-level, in-depth analysis of business and client needs, within systems and software strategy and architecture.
Ms. Tyler graduated cum laude from Georgetown University and received her law degree, cum laude, from Georgetown University Law Center. During law school, she interned at the United Nations Economic Commission for Europe. She also worked on The Tax Lawyer journal and was a member of the award-winning Barristers’ Council Mock Trial Team. Ms. Tyler is admitted to practice law in the State of California and the District of Columbia.
Ms. Cruz-Anonuevo graduated cum laude and top nine in her batch from Miriam College with a degree of Bachelor of Arts in InternationalStudies. She obtained her Juris Doctor degree from Ateneo de Manila University School of Law in Rockwell. During law school, she interned in Rivera, Santos, Maranan & Associates. She was also part of Ateneo’s Labor Law Bar Operations. She wrote her thesis on, “Stealing Privacy: Limitations on Media’s Photographic Invasion.,” Ms. Cruz-Anonuevo is admitted to practice law in the Philippines.
Ms. Aquino-Batallones obtained a Bachelor of Arts degree in Development Studies (with Minors in Global Politics and Hispanic Studies) from the Ateneo de Manila University. In 2011, she received her Juris Doctor degree from Ateneo de Manila University School of Law. During law school, she interned at Romulo Mabanta Buenaventura Sayoc & de los Angeles then became an intern of Ateneo Legal Services Center’s Clinical Legal Education Program.
Mr. De Guzman graduated from San Beda College with a degree of Bachelor of Arts Major in Economics and received his law degree from San Beda College of Law. He is multilingual and is fluent in three languages: Chinese, Filipino, and English. He was admitted to the Philippine Bar in 2003.