Data privacy remains a hot button topic as concerns about how, when, where, and why our sensitive information is collected and used continue to grow. In some places, data privacy laws are enforced at the federal level; but in the US, states have individual control over what happens with our information. Virginia is one of a handful of states that has introduced legislation regulating data security. Earlier this summer, a new bill was passed furthering restrictions on the specific kinds of data websites have access to without first receiving consent from its users.
What is SB754?
Virginia’s Senate Bill 754 is an amendment to the Virginia Consumer Protection Act of 2023 that prevents websites from tracking information related to users’ reproductive and sexual health. Effective July 1, 2025, the modification allows consumers to opt out of data collection related to transactions that include sexual or reproductive health products.
Impact on Retailers
What does this mean for retailers who serve consumers in Virginia? This legislation is not only relevant for the healthcare industry, but for any retailer who sells products or services in Virginia. Many businesses inherently collect fundamental customer data from each transaction. In some cases, this data could indicate an attempt to acquire reproductive or sexual health services or supplies—for example, geolocation data used by brick-and-mortar stores to provide pickup for a prescription or browsing behavior and purchase data. Businesses that operate in Virginia now have a legal obligation to gain consent from consumers before collecting data of this kind, typically through pop-ups on their homepage. If they don’t, they could face legal action from consumers.
Legislation in Action
Walmart, for example, has started giving consumers a notice asking for consent to collect data related to the personal health products they’re viewing. They ask them not to browse those products if they choose to opt out. For consumers, in Virginia, this is going to start becoming more common. If your business wants to ensure compliance while still gathering the data needed to build your customer base, it will be critical to consider a solution that still allows you to track user preferences.
Technological Considerations
If you have an in-house consent management system, you will likely have to make some adjustments to ensure compliance with SB754. You may also want to consider a consent management solution designed to gather and manage user’s preferences that is capable of adapting to the location of the user. Privacy tools such as Ketch and Sourcepoint are some examples of consent management software tools you can integrate into your eCommerce platform to help you manage user preferences all in one place.
Your eCommerce platform may already be designed to handle customer data in a way that is easy to navigate and helps you to remain legally compliant. However, if it’s not, your team will have to manually integrate software tools. With the right eCommerce platform, this could be an easy fix, but it could also be a headache for your developers. The bottom line is compliance isn’t just morally advisable, but a legal obligation. Plus, protecting your users will ultimately benefit the customer experience and brand loyalty.
How Virid Can Help
Virid’s eCommerce platform, marketAgility was created with growth and scalability in mind. With our award-winning platform combined with our team of support specialists and expert engineers, we can help you build a website that’s ideal for maximizing conversions while maintaining compliance with current industry regulations. If you’re ready to switch platforms or looking for help optimizing your eCommerce site, reach out to our team to get started.
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