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On July 1, 2025, the Virginia Consumer Data Protection Act (VCDPA) amendments took effect, implementing several changes to the existing privacy law, including adding new protections to reinforce consumers’ sexual and reproductive health information. While other consumer health data laws exist, such as Washington’s My Health My Data Act (MHMDA), which generally protects a broad category of “consumer health data,” the VCDPA amendments take a more narrow approach and only focus on reproductive and sexual health information. Here is what you need to know.

Continue Reading Virginia is for Lovers (of Privacy): VCDPA Amendments Merge Components of Consumer Data Health Laws to Better Protect Reproductive and Sexual Health Information

On February 3, 2021, the Virginia Senate passed the Virginia Consumer Data Protection Act (“VCDPA” or the “Act”). Upon approval from Governor Ralph Northam, Virginia will be the second state in the nation to adopt a comprehensive data privacy law. This proposed legislation places Virginia alongside California at the forefront of domestic data privacy regulations.

In 2020, California changed the landscape of data privacy laws in the United States with the California Consumer Privacy Act (CCPA). The CCPA, a result of a ballot initiative by California, introduced the idea of widespread data subject rights for American consumers. Nearly three years later, Virginia is securing the second place spot with its enactment of the VCDPA. The Act mirrors the CCPA and the European Union’s General Data Protection Regulation (GDPR) in many ways. For instance, the Act contains a broad definition of “personal data.” It imposes certain fundamental processing principles, such as purpose limitation and data minimization rules, on businesses that process personal data. It also provides Virginia consumers with new rights to access, correct, delete, and request processing modifications with respect to their personal data.

Once signed into law, the VCDPA will be effective January 1, 2023. In the meantime, companies doing business in Virginia should start actively thinking of ways to incorporate VCDPA requirements into their existing privacy policies and procedures. The key features of the VCDPA are summarized below. Continue Reading And Then There Were Two: The Commonwealth of Virginia Joins California in Enacting Comprehensive Privacy Rights Law

Portions of this blog were also co-authored by Taft Summer Associate Ashley Patriquin.

Businesses that provide a website or online services that collect data from or about minors or children should be aware of expanding legal requirements from U.S. states. These laws impose a range of obligations on businesses, including age estimation requirements, heightened privacy disclosures, limitations on data collection and profiling, and duties to act in the best interests of minors.

State legislatures have also recently begun directly regulating the privacy practices of companies that provide social media solutions to consumers, often with an eye to protecting underage users. Common amongst these new laws are age verification requirements and parental control and consent requirements. Some laws go further, such as requiring ‘deplatforming’ in certain circumstances and restricting ‘shadow banning’ practices. Many of these statutes define “social media” to broadly include any technologies that facilitate interactions among end users and can carry significant penalties for noncompliance.

Below is a summary of certain recent state laws regulating these topics.

Continue Reading Children’s Data & Social Media Privacy Laws

Last week, I had the pleasure of taking the main stage at CincyAI Week in Cincinnati, Ohio to talk with entrepreneurs, business leaders, academics, and artificial intelligence enthusiasts about the current state of AI policy, privacy, and compliance across the United States.

Here are the key takeaways from the presentation.

Continue Reading The State of AI Policy, Privacy, and Compliance in the United States

From California to Texas to Ohio, lawmakers are increasingly turning to age-verification requirements to protect children online. These laws target a range of concerns, with a growing body of research suggesting that certain online activities may pose risks to children’s mental health and well-being.

At the same time, privacy laws continue to proliferate across the United States, many of which emphasize data minimization and limitations on the use of sensitive personal information. This creates a growing tension. Protecting children online may require companies to collect more personal data than they otherwise would, and potentially subject themselves to additional privacy requirements and consumer concerns.

Continue Reading Collection for Protection: The Age-Verification Paradox

As we begin 2026, Kentucky has officially enacted the Kentucky Consumer Data Protection Act (KCDPA), a comprehensive privacy statute that took effect on January 1, 2026. As with Indiana, is KCDPA is modeled on the now‑familiar Virginia‑style framework. The KCDPA establishes consumer data rights, imposes governance obligations on businesses, and grants exclusive enforcement authority to the Kentucky Attorney General.

Continue Reading Kentucky Consumer Data Protection Act: Key Takeaways for the New Bluegrass Statute

Indiana has joined the growing list of states with a comprehensive consumer privacy statute, codified at Indiana Code 24‑15 and effective January 1, 2026.

The law follows the “Virginia model,” but introduces several nuances that will matter for organizations doing business in, or targeting residents of, Indiana.

Continue Reading HOO- HOO- HOO- HOOSIERS Brace for Indiana Consumer Data Protection Act

A new year means new effective dates for state privacy legislation.  On January 1, 2025, four states witnessed consumer privacy protection laws take effect:  Delaware, Iowa, Nebraska, and New Hampshire. 

These four states join another 16 that have comprehensive data privacy laws in place. Although there are similarities in the approaches of these 20 states, each law carries unique provisions that companies must navigate in building a data governance program. This blog is intended to give a high-level overview of 2025’s newest consumer privacy laws.

Continue Reading New Year Rings in New State Privacy Laws

Hard to believe, but 2025 will be here before you know it. And what goes best with a new year? A countdown list!

Last week, I spoke at the Dayton Bar Association’s Corporate Counsel Section on the topic of the Top 10 legal technology issues that in-house counsel should have on its radar for 2025.

Continue Reading Top 10 Technology Issues to Watch for in 2025

Believe it or not, we are now more than halfway through 2024. As of July 1st, we now have additional state privacy laws in effect in Florida (narrow applicability), Oregon, and Texas – with more on the way later this year and into 2025. We thought it would be a good time to provide a recap on the current privacy law landscape in the United States today. 

Continue Reading Comprehensive State Privacy Laws – Halfway Through 2024 and Looking Ahead to 2025