New Virginia Bill Will Require You To Have a Consent Banner

Virginia Senate Bill 769 (SB 769), introduced on December 18, 2024, seeks to amend the Consumer Data Protection Act by enhancing requirements related to cookies and consumer consent. The bill mandates that controllers (organizations handling consumer data) include in their privacy notices a method for consumers to opt out of the automatic placement of data files, commonly known as "cookies," on their devices. It also requires disclosure of the purposes for which these cookies are used. Importantly, the bill prohibits the use of non-essential cookies without the prior express consent of the consumer and forbids controllers from denying access to their services if such consent is not granted. Additionally, controllers must document and store proof of consent and provide an easily accessible method for consumers to withdraw their consent.

The exact language from Virginia states that the bill "Requires the privacy notice that a controller must provide to consumers to include a method by which a consumer may opt out of the automatic placement of a data file, commonly referred to as a "cookie," on the consumer's computer or web browser and a disclosure of the purposes for which the data files are used. The bill prohibits controllers from using cookies, except those that are strictly necessary, without the prior express consent of the consumer and prohibits controllers from preventing access to their services if such consent is not granted. The bill also requires controllers to document and store proof of such consent and make available an easily accessible method by which consumers may withdraw such consent."

In light of these stringent requirements, businesses will need to implement more advanced geolocation technologies to ensure compliance and guess what software solution can do this seamlessly for you? If you guessed Captain Compliance you were right!

Geolocation technology allows websites to determine a user's geographical location, enabling them to display cookie consent banners and privacy notices that are tailored to the specific data protection regulations applicable in the user's region. This ensures that businesses adhere to varying legal requirements across different jurisdictions.

Platforms like Captain Compliance offer solutions to navigate these complexities. Our Consent Management Platform (CMP) provides customizable, geographically-assignable consent banners, ensuring that websites respect visitor tracking preferences in accordance with the upcoming Virginia and global regulations.

Our platform's Cookie Consent Manager allows businesses to generate consent banners that can be tailored to match the website's look and feel, including colors, language, and button styles. It also offers geo-targeting features, enabling specialized banners in different regions. This ensures that users are presented with appropriate consent options based on their location, helping businesses comply with regional data protection laws.

By leveraging such geolocation-enabled consent management tools, businesses can effectively manage user consent in compliance with SB 769 and other global data protection regulations, thereby building trust with their customers and avoiding potential legal headaches that can end up costing your business a lot of money.