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Winter 2021 Privacy Alert Roundup

By Rebecca Perry
March 01, 2021

While 2020 represented a landmark year in data privacy in the U.S., the legal machinations that have taken place so far are showing that things won't slow down much from a regulatory standpoint in 2021. We're still early into the new year and already we've seen a few big news items: new data privacy law proposals, new enforcement for cybersecurity incident notifications, and some major missteps in data security by big companies — with the earth-shattering SolarWinds breach still garnering daily headline news despite it now being months old.

In this Winter 2021 Privacy Alert Roundup, we'll take a look at Virginia's new proposed data protection law, a new proposed federal banking rule regarding cybersecurity incidents, and how lackadaisical vendor risk management can come back to bite you in court.

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  • Virginia Proposes New Data Protection Law
  • Proposed Rule Requires Banks to Notify Regulators Within 36 Hours of a Cybersecurity Incident
  • Vendor Risk Management Fail: Tech Company Faces Charges from FTC
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Virginia Proposes New Data Protection Law

A comprehensive data protection and privacy bill, titled the Consumer Data Protection Act, has passed the Virginia congress. With notable exceptions the proposal contains privacy and cybersecurity provisions similar to those contained in the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and the E.U.'s General Data Protection Regulation (GDPR).

On Feb. 5, 2021, Senate Bill 1392 passed the Virginia Senate. As noted, an identical companion bill previously was passed by the House of Delegates. If Gov. Ralph Northam signs off, the Virginia Consumer Data Protection Act will go into effect on Jan. 1, 2023.

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