Every business that collects data from Virginia residents needs a public document that clearly and specifically explains what it does with that information.

This page covers one piece of the picture. For the full scope of the VCDPA — who must comply, the thresholds, the consumer rights and the penalties — start with our complete guide to the VCDPA and cookies.

That document is the Privacy Policy.

The Virginia Consumer Data Protection Act (VCDPA, Va. Code § 59.1-575 et seq.), in effect since January 1, 2023, defines what must be in that document, how it should be presented, and what happens when it is incomplete or outdated.

This article focuses exclusively on that: what the VCDPA requires from your Privacy Policy, point by point, based on the official text of the law.

The law uses the term privacy notice. In practice, it is the Privacy Policy that most websites already have.

Va. Code § 59.1-578 C requires the controller to provide consumers with a privacy notice that is "reasonably accessible, clear, and meaningful." The document must be easy to find and easy to understand.

Unlike the NHDPA, the VCDPA does not explicitly require accessibility accommodations for people with disabilities or mandate inclusion of the date of last update in the text of the law. However, the standard of reasonable accessibility and clarity requires the document to be navigable and comprehensible by any user.

Va. Code § 59.1-578 C lists five categories of information the Privacy Policy must contain. Let's go through each one.

The document must list the categories of personal data the business processes (Va. Code § 59.1-578 C, 1).

Personal data under the VCDPA is any information linked or reasonably linkable to an identified or identifiable natural person, as defined in Va. Code § 59.1-575. This includes name, email address, IP address, browsing history, location data, and any identifier that allows a person to be tracked.

De-identified data and publicly available information are excluded.

The document must explain what the data is used for (Va. Code § 59.1-578 C, 2).

The purposes must be specific. Va. Code § 59.1-578 A, 2 prohibits processing data for purposes that are not reasonably necessary or compatible with the disclosed purposes, without the consumer's consent.

Vague descriptions such as "improve your experience" or "personalize your journey" do not meet the requirement. "Behavioral data collected via analytics to identify pages with high abandonment rates and prioritize usability improvements" is the correct level of specificity.

The document must describe how consumers can exercise the five rights guaranteed by the VCDPA and how to appeal a denial decision (Va. Code § 59.1-578 C, 3).

It is not enough to list that rights exist. The process must be described: which channel to use, how identity authentication works, what the 45-day response deadline is, and how the appeal process works with a 60-day response period.

The data protection officer or compliance lead must have this workflow mapped and operationally functional before publishing the Policy.

If the business shares data with third parties, the document must disclose which categories of data are shared (Va. Code § 59.1-578 C, 4).

This covers email marketing tools, CRMs, analytics platforms, advertising networks, payment processors, and any other service that receives user data.

It is important to distinguish what constitutes data sharing under the VCDPA. Transfers to processors that process data exclusively on behalf of the controller do not constitute "sale of data." But any transfer for monetary consideration to independent third parties may constitute a sale and require specific disclosure.

In addition to the types of data, the Policy must disclose which categories of third parties receive them (Va. Code § 59.1-578 C, 5).

Categories such as "digital advertising platforms," "analytics tools," "CRM systems," and "payment processors" are valid examples. It is not necessary to list the name of every product, but the categories must be identifiable and descriptive enough for the consumer to understand who has access to their data.

If the business sells personal data to third parties or processes it for targeted advertising, Va. Code § 59.1-578 D requires clear and conspicuous disclosure of this practice in the Privacy Policy, along with the manner in which the consumer can exercise the opt-out.

Targeted advertising, as defined by the VCDPA, consists of ads based on data collected from the consumer's activities over time and across non-affiliated websites or applications. Contextual ads based on the current session are not included in this definition.

If your site uses a Meta Pixel, Google Ads, TikTok Pixel, or any programmatic advertising tool that collects data in other environments, you are operating targeted advertising and must disclose this explicitly.

Va. Code § 59.1-578 E requires the controller to establish and describe in the Privacy Policy at least one secure and reliable means for consumers to submit rights requests.

This means must:

Consider how consumers normally interact with the controller.

Ensure secure and reliable communication.

Allow the controller to authenticate the consumer's identity.

Not require the consumer to create a new account. The business may require use of an existing account, but cannot force the user to register a new one just to exercise a right guaranteed by law.

Sensitive data receives special treatment under the VCDPA and must be identified in the Privacy Policy.

Under Va. Code § 59.1-575, sensitive data includes: racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, citizenship or immigration status, genetic or biometric data for identification, known children's personal data, and precise geolocation data.

If the business collects any data in this category, the Policy must:

Explicitly identify that sensitive data is collected.

Describe the specific purpose for which each category is processed.

Explain how the consumer's consent is obtained prior to processing.

Detail how that consent can be revoked.

For children's data, the VCDPA takes a specific approach: businesses that comply with the verifiable parental consent requirements of COPPA (Children's Online Privacy Protection Act) are deemed compliant with the VCDPA's parental consent obligations (Va. Code § 59.1-576 D).

Starting January 1, 2026, Va. Code § 59.1-577.1 imposes specific obligations on social media platform operators related to users under 16 years of age.

If the business operates a social media platform, the Privacy Policy must describe:

How the business determines whether a user is a minor under 16.

The 1-hour daily usage limit for minors.

How parents or legal guardians can provide verifiable parental consent to adjust the limit.

That data collected for age determination is used solely for that purpose.

Va. Code § 59.1-580 requires controllers to conduct and document Data Protection Assessments for high-risk activities, including targeted advertising, data sale, profiling with foreseeable risk of harm, sensitive data processing, and online services directed at children.

Assessments do not need to be published in the Policy, but must be documented and available to the Attorney General upon request. They are confidential and exempt from public disclosure under the Virginia Freedom of Information Act (Va. Code § 59.1-580 D).

The Privacy Policy should, however, make clear that the business conducts impact assessments for high-risk activities as part of its compliance program.

Va. Code § 59.1-578 A, 4 expressly prohibits businesses from discriminating against consumers who exercise their rights. This includes denying products or services, charging different prices, or offering lower quality as a consequence of a consumer exercising a right.

The Privacy Policy must state that consumers will not be discriminated against for exercising their rights.

The exception: voluntary loyalty, rewards, premium features, discount, or club card programs that offer benefits in exchange for data use are permitted, provided the consumer participates voluntarily.

Before initiating any action, the Attorney General must notify the business and provide 30 days to cure the violation (Va. Code § 59.1-584 B). This period is guaranteed by law.

If the business cures the violation within the period and provides a written statement that the violations have been remedied and will not recur, no action is initiated.

However, if the business continues in violation after the cure period or breaches the written statement provided, the Attorney General may seek penalties of up to US$ 7,500 per violation, plus recovery of costs and attorney fees.

An incomplete Privacy Policy is one of the easiest violations to identify. Updating the document before receiving a notice is significantly more efficient than scrambling to adjust within 30 days.

AdOpt ensures that what is written in the Policy has real correspondence with what actually happens on the site.

The automatic scan identifies all active technologies, feeding the list of data categories and third parties that must appear in the document. The consent management platform ensures the consent and opt-out mechanism works exactly as described.

Every consent interaction is logged. If the Attorney General requests evidence, the record is available.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

Want to build a Privacy Policy for your site that complies with the VCDPA? Talk to our team.

Visible and accessible link on all pages of the site.

Categories of personal data processed, with specific descriptions (Va. Code § 59.1-578 C, 1).

Purpose of processing for each category, without vague descriptions (Va. Code § 59.1-578 C, 2).

How to exercise each right guaranteed by the VCDPA, with process, channel, and 45-day response deadline (Va. Code § 59.1-578 C, 3).

Appeal process described with a 60-day deadline and information about contacting the Attorney General (Va. Code § 59.1-577 C).

Categories of data shared with third parties (Va. Code § 59.1-578 C, 4).

Categories of third parties that receive data (Va. Code § 59.1-578 C, 5).

Disclosure of targeted advertising or data sale with accessible opt-out (Va. Code § 59.1-578 D).

Request submission mechanism described, without requiring a new account (Va. Code § 59.1-578 E).

Identification of sensitive data and how prior consent is obtained (Va. Code § 59.1-578 A, 5).

Protection of minors on social media platforms for businesses operating those services (Va. Code § 59.1-577.1, effective Jan 2026).

Non-discrimination policy for consumers who exercise their rights (Va. Code § 59.1-578 A, 4).

Free service up to twice per year per consumer (Va. Code § 59.1-577 B, 3).

1. Does the VCDPA require a document specifically called a "Privacy Policy"?
The law requires a privacy notice that is reasonably accessible, clear, and meaningful, under Va. Code § 59.1-578 C. In practice, it is the Privacy Policy. What the law defines are the five mandatory content categories the document must cover.

2. Does the Privacy Policy need to mention Data Protection Assessments?
It does not need to publish the content of assessments, which are confidential. But it is advisable for the Policy to mention that the business conducts Data Protection Assessments for high-risk activities as part of its compliance commitment. The Attorney General may request the assessments via civil investigative demand (Va. Code § 59.1-580 D).

3. How many times per year is DSAR processing free of charge?
Twice per year per consumer, under Va. Code § 59.1-577 B, 3. This differs from the NHDPA, which provides free service only once per year. From the third request within the same 12-month period, the business may charge a reasonable fee or decline if the request is manifestly unfounded, excessive, or repetitive, provided the business demonstrates the excessive nature.

4. What happens if the business does not have a compliant Privacy Policy when it receives an Attorney General notice?
The Attorney General sends notice with 30 days to cure (Va. Code § 59.1-584 B). If the business fails to implement the required elements within the deadline or breaches the written correction statement provided, the AG may seek penalties of up to US$ 7,500 per violation. Each consumer affected can be counted as a separate violation, which escalates the financial exposure quickly.

5. How does the VCDPA treat teenager protection for ages 13 to 15?
The VCDPA does not have a specific protection for this age range in the general law framework, unlike the NHDPA. For children under 13, COPPA applies. Protection for teenagers aged 13 to 15 appears only in the specific section for social media platforms (Va. Code § 59.1-577.1), where "minor" is defined as any person under 16, with a 1-hour daily usage limit and verifiable parental consent requirements.

Ready to build a Privacy Policy for your site that complies with the VCDPA? Talk to our team.

Virginia VCDPA compliance rests on documents that need to agree with each other: the cookies policy, which declares every tracker and its purpose; the privacy portal, which is where the consumer exercises their rights and you keep the record of it.