Commonalities of California, Colorado and Virginia Privacy Laws
The privacy laws of California, Colorado, and Virginia have commonalities that reflect a growing trend toward stronger data privacy protections for consumers. For example, all three laws require businesses to provide clear and transparent privacy policies informing consumers about how their personal information is being collected, used and shared. Additionally, all three laws give consumers the right to access, correct and delete their personal information, and the right to opt-out of the sale of their personal information.
Another shared feature of these laws is that they apply to businesses collecting personal information from residents of their respective states. Businesses that fail to comply with these laws can face substantial fines and legal action. Therefore, it is essential for businesses to update their privacy policies to comply with the laws of these states.
Businesses should also consider the enforcement mechanisms of each state’s privacy law. While all three states allow consumers to bring private lawsuits for privacy violations, only California’s law allows consumers to bring class-action lawsuits. This means businesses operating in California may face greater legal risks than those operating in Virginia or Colorado. Therefore, when drafting a comprehensive policy, it is important to address these additional rights in any agreement or potentially seek to have consumers waive these rights as a part of their agreement.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach has offices throughout New York state, including Albany, Buffalo, Ithaca, Long Island, New York City, Rochester, Saratoga Springs, Syracuse and White Plains, as well as Washington D.C., New Haven, Connecticut and Newark, New Jersey.