Developing a Virginia Business Privacy Program

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by | January 23, 2025

Why You Need a Business Privacy Program

Whether you are long overdue in developing a Virginia Business Privacy Program or if you want to update your existing Business Privacy Program, now is the time to get started in your 2025 data security and privacy planning. Cybersecurity, privacy, and data protection have been brought into acute focus over the years, as sensitive data is shared electronically and stored remotely in the cloud.  And the remote-work corporate environment further accelerated the efficiencies and vulnerabilities related to data storage, access, and protection practices.  These changes in corporate practices mean that cybersecurity, privacy, and data protection are no longer secondary concerns; rather, they are now core competencies for any business.

In addition to these practical considerations, the Virginia Consumer Data Protection Act and increased federal regulatory oversight mean each business has increasingly complex data and privacy legal obligations. With this new legal authority, the Virginia Office of Attorney General and federal authorities have stepped up enforcement actions. And if the legal requirements are not enough, your Virginia or Washington, DC, business needs a Privacy Program to protect your clients, your employees, and your company’s interests from reputational and operational damage. A proactive program, rather than a reactive solution, is the key to navigating these challenges.

Steps to Create a Business Privacy Program

Plan: A business privacy program necessarily starts with planning. Planning includes assessing the nature of your business operations, the records you maintain, the systems you use, the jurisdictions you interact with, and the legal requirements that may apply.

It is not just about using a template handbook or a lofty privacy statement; rather, it is about creating a privacy culture in your organization. Through that culture and the privacy team, professionals including our office, and partner-IT companies, your business will have a solid guide for the implementation that follows.

In support of this plan and the implementation below, Cyber Risk Insurance should be evaluated and planned for. Neither insurance nor planning is sufficient on its own; rather, they act in concert to protect your company.

Implementation: This involves training your team, reviewing and revising your technologies, and ensuring that your stated Privacy Plan is put into effect. Having a plan is not enough, you have to actually follow the plan to ensure regulatory compliance and customer protection.

Implementation takes time and commitment, but many businesses find that their broader business practices are improved in the process. In short, it is worth it.

Review and Refine: After you implement your Privacy Plan, you need to evaluate whether it is working and what needs to be improved. As your business grows, you may need specialized trainings, certifications, or professionals to support your operations. Additionally, the changing nature of data protection and privacy regulation means that your company should audit its practices routinely to ensure continued compliance and best practices.

Get started: While this may sound daunting–both from a perspective of time and cost–the current nature of business risks and regulatory requirements mean that your Virginia business can no longer avoid the need for an effective Privacy Program. Consult with our Privacy Attorneys to evaluate your business needs and develop your Business Privacy Program.

Data Protection and Privacy Services

Our office provides professional and committed counsel and representation through every stage, while keeping in mind business realities and client needs. We seek to work with you rather than dictate solutions. Our attorneys provide consultation in the following data and privacy practices:

Contact us today to set up a business consultation regarding your Virginia Business Privacy Program and your business’s privacy and data protection needs.