Comparing State Privacy Laws

Staying on top of the ever-evolving landscape of state privacy laws continues to get more challenging. Legislatures across the country have debated their own versions of a privacy law. To date, five states have passed a law:

• California (California Privacy Rights Act)
• Utah (Utah Consumer Privacy Act)
• Colorado (Colorado Privacy Act)
• Virginia (Virginia Consumer Data Protection Act)
• Connecticut (Connecticut Data Privacy Act)

The five state laws that are on the books are not carbon copies of each other. There are significant differences involving cure times, private right of action, applicability thresholds, and more. To help you better understand your organization’s obligations and risks in each state, we are providing this side-by-side comparison of the laws.

Effective dates

State	Effective data
California	Operative January 1, 2023, Enforceable July 1, 2023
Colorado	July 1, 2023
Connecticut	July 1, 2023
Utah	December 31, 2023
Virginia	January 1, 2023

Fines

State	Fines
California	$2,500-$7,500 per violation
Colorado	Up to $20,000 per violation
Connecticut	Up to $5,000 per violation
Utah	Up to $7,500 per violation
Virginia	Up to $7,500 per violation

Cure Period

A cure period is the amount of time to remedy a violation after its discovery before a fine is issued. California is the only state without a cure period, increasing the risk of a fine.

State	Cure Period
California	No right to cure
Colorado	60 days (expires in 2025)
Connecticut	60 days (expires in 2025)
Utah	30 days
Virginia	30 days

Applicability Thresholds

The thresholds that determine if the privacy laws apply to your organization vary by state.

State	Applicability Thresholds
California	Has annual revenue of $25 million or more Controls or possesses the data of 100,000 or more California residents Derives 50% or more of its revenue from the sale of personal data
Colorado	Controls or possesses the data of 100,000 or more Colorado residents Derives any revenue from the sale of data for 25,000 or more Colorado residents
Connecticut	Controls or possesses the data of 100,000 or more Connecticut residents Derives 25% of its revenue from the sale of data for 25,000 or more Connecticut residents
Utah	Has more than $25 million in annual revenue and meets one or more of the following criteria: Controls or possesses the data of 100,000 or more Utah residents Derives 50% or more of its revenue from the sale of data for more than 25,000 Utah residents
Virginia	Controls or possesses the data of 100,000 or more Virginia residents Derives 50% or more of its revenue from the sale of data for more than 25,000 Virginia residents

Exemptions

There are some key exemptions that apply to state privacy laws, most notably for the Gramm-Leach-Biley-Act (GLBA) and HIPAA. For all existing state laws, data that is covered under GLBA or HIPAA is exempt. In certain cases, an entire entity that falls under the GLBA or HIPAA umbrella is exempt.

State	GLBA	HIPAA
California	Data	Data
Colorado	Data & Entity	Data
Connecticut	Data & Entity	Data & Entity
Utah	Data & Entity	Data & Entity
Virginia	Data & Entity	Data & Entity

Sale Definitions and Opt-out Considerations

What is considered a “sale” of data varies between the states. States with a broad definition consider the exchange of monetary or other valuable consideration a “sale.” States with a traditional definition consider a “sale” to be the exchange of data for money.

In all 5 states, organizations must allow people to opt out of targeted advertising. In California, organizations must also provide the option to opt out of having their data shared.

State	Sale Definition	Opt-out
California	Broad	Sale and Sharing
Colorado	Broad	Sale and Targeted Advertising
Connecticut	Broad	Sale and Targeted Advertising
Utah	Traditional	Sale and Targeted Advertising
Virginia	Traditional	Sale and Targeted Advertising

Other California Considerations

The CPRA does not exempt business-to-business or employee data, the other state laws do.

Also included in the CPRA is the private right of action which authorizes consumers to file lawsuits for breaches. Damages from a private right of action suite can range from $100-$750 per consumer per incident. Breaches often include hundreds or thousands of personal records, so the private right of action exposes organizations to large financial risks.

For a more in-depth exploration of state privacy laws watch our Current State of Privacy Laws webinar.

CompliancePoint has a team of privacy professionals that can help your organization stay in compliance with all state laws and avoid risk. Contact us today at connect@compliancepoint.com to learn more about how we can help you.