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• My SBC Collection

  31 décembre 2023, par Multimedia Mike — General

  Like many computer nerds in the last decade, I have accumulated more than a few single-board computers, or “SBCs”, which are small computers based around a system-on-a-chip (SoC) that nearly always features an ARM CPU at its core. Surprisingly few of these units are Raspberry Pi units, though that brand has come to exemplify and dominate the product category.

  Also, as is the case for many computer nerds, most of these SBCs lay fallow for years at a time. Equipped with an inexpensive lightbox that I procured in the last year, I decided I could at least create glamour shots of various units and catalog them in a blog post.

  While Raspberry Pi still enjoys the most mindshare far and away, and while I do have a few Raspberry Pi units in my inventory, I have always been a bigger fan of the ODROID brand, which works with convenient importers around the world (in the USA, I can vouch for Ameridroid, to whom I’ve forked over a fair amount of cash for these computing toys).

  As mentioned, Raspberry Pi undisputedly has the most mindshare of all these SBC brands and I often wonder why… and then I immediately remind myself that it has the biggest ecosystem, and has a variety of turnkey projects and applications (such as Pi-hole and PiVPN) that promise a lower barrier to entry — as well as a slightly lower price point — than some of these other options. ODROID had a decent ecosystem for awhile, especially considering the monthly ODROID Magazine, though that ceased publication in July 2020. The Raspberry Pi and its variants were famously difficult to come by due to the global chip shortage from 2021-2023. Meanwhile, I had no trouble procuring these boards during the same timeframe.

  So let’s delve into the collection…
  

  Cubieboard
  The Raspberry Pi came out in 2012 and by 2013 I was somewhat coveting one to hack on. Finally ! An accessible ARM platform to play with. I had heard of the BeagleBoard for years but never tried to get my hands on one. I was thinking about taking the plunge on a new Raspberry Pi, but a colleague told me I should skip that and go with this new hotness called the Cubieboard, based on an Allwinner SoC. The big value-add that this board had vs. a Raspberry Pi was that it had a SATA adapter. Although now that it has been a decade, it only now occurs to me to quander whether it was true SATA or a USB-to-SATA bridge. Looking it up now, I’m led to believe that the SoC supported the functionality natively.

  Anyway, I did get it up and running but never did much with it, thus setting the tone for future SBC endeavors. No photos because I gave it to another tech enthusiast years ago, whose SBC collection dwarfs my own.

  ODROID-XU4
  I can’t recall exactly when or how I first encountered the ODROID brand. I probably read about it on some enthusiast page or another circa 2014 and decided to try one out. I eventually acquired a total of 3 of these ODROID-XU4 units, each with a different case, 1 with a fan and 2 passively-cooled :

  

  Collection of ODROID-XU4 SBCs

  This is based on the Samsung Exynos 5422 SoC, the same series as was used in their Note 3 phone released in 2013. It has been a fun chip to play with. The XU4 was also my first introduction to the eMMC storage solution that is commonly supported on the ODROID SBCs (alongside micro-SD). eMMC offers many benefits over SD in terms of read/write speed as well as well as longevity/write cycles. That’s getting less relevant these days, however, as more and more SBCs are being released with direct NVMe SSD support.

  I had initially wanted to make a retro-gaming device built on this platform (see the handheld section later for more meditations on that). In support of this common hobbyist goal, there is this nifty case XU4 case which apes the aesthetic of the Nintendo N64 :

  

  ODROID-XU4 N64-style case

  It even has a cool programmable LCD screen. Maybe one day I’ll find a use for it.

  For awhile, one of these XU4 units (likely the noisy, fan-cooled one) was contributing results to the FFmpeg FATE system.

  While it features gigabit ethernet and a USB3 port, I once tried to see if I could get 2 Gbps throughput with the unit using a USB3-gigabit dongle. I had curious results in that the total amount of traffic throughput could never exceed 1 Gbps across both interfaces. I.e., if 1 interface was dealing with 1 Gbps and the other interface tried to run at 1 Gbps, they would both only run at 500 Mbps. That remains a mystery to me since I don’t see that limitation with Intel chips.

  Still, the XU4 has been useful for a variety of projects and prototyping over the years.

  ODROID-HC2 NAS
  I find that a lot of my fellow nerds massively overengineer their homelab NAS setups. I’ll explore this in a future post. For my part, people tend to find my homelab NAS solution slightly underengineered. This is the ODROID-HC2 (the “HC” stands for “Home Cloud”) :

  

  ODROID-HC2 NAS

  It has the same guts as the ODROID-XU4 except no video output and the USB3 function is leveraged for a SATA bridge. This allows you to plug a SATA hard drive directly into the unit :

  

  ODROID-HC2 NAS uncovered

  Believe it or not, this has been my home NAS solution for something like 6 or 7 years now– I don’t clearly remember when I purchased it and put it into service.

  But isn’t this sort of irresponsible ? What about a failure of the main drive ? That’s why I have an external drive connected for backing up the most important data via rsync :

  

  ODROID-HC2 NAS backup enclosure

  The power consumption can’t be beat– Profiling for a few weeks of average usage worked out to 4.5 kWh for the ODROID-HC2… per month.

  ODROID-C2
  I was on a kick of ordering more SBCs at one point. This is the ODROID-C2, equipped with a 64-bit Amlogic SoC :

  

  ODROID-C2

  I had this on the FATE farm for awhile, performing 64-bit ARM builds (vs. the XU4’s 32-bit builds). As memory serves, it was unreliable and would occasionally freeze up.

  Here is a view of the eMMC storage through the bottom of the translucent case :

  

  Bottom of ODROID-C2 with view of eMMC storage

  ODROID-N2+
  Out of all my ODROID SBCs, this is the unit that I long to “get back to” the most– the ODROID-N2+ :

  

  ODROID-N2+

  Very capable unit that makes a great little desktop. I have some projects I want to develop using it so that it will force me to have a focused development environment.

  Raspberry Pi
  Eventually, I did break down and get a Raspberry Pi. I had a specific purpose in mind and, much to my surprise, I have stuck to it :

  

  Original Raspberry Pi

  I was using one of the ODROID-XU4 units as a VPN gateway. Eventually, I wanted to convert the XU4 to something else and I decided to run the VPN gateway as an appliance on the simplest device I could. So I procured this complete hand-me-down unit from eBay and went to work. This was also the first time I discovered the DietPi distribution and this box has been in service running Wireguard via PiVPN for many years.

  I also have a Raspberry Pi 3B+ kicking around somewhere. I used it as a Steam Link device for awhile.

  SOPINE + Baseboard
  Also procured when I was on this “let’s buy random SBCs” kick. The Pine64 SOPINE is actually a compute module that comes in the form factor of a memory module.

  

  Pine64 SOPINE Compute Module

  Back to using Allwinner SoCs. In order to make this thing useful, you need to place it in something. It’s possible to get a mini-ITX form factor board that can accommodate 7 of these modules. Before going to that extreme, there is this much simpler baseboard which can also use eMMC for storage.

  

  Baseboard with SOPINE, eMMC, and heat sinks

  I really need to find an appropriate case for this one as it currently performs its duty while sitting on an anti-static bag.

  NanoPi NEO3
  I enjoy running the DietPi distribution on many of these SBCs (as it’s developed not just for Raspberry Pi). I have also found their website to be a useful resource for discovering new SBCs. That’s how I found the NanoPi series and zeroed in on this NEO3 unit, sporting a Rockchip SoC, and photographed here with some American currency in order to illustrate its relative size :

  

  NanoPi NEO3

  I often forget about this computer because it’s off in another room, just quietly performing its assigned duty.

  MangoPi MQ-Pro
  So far, I’ve heard of these fruits prepending the Greek letter pi for naming small computing products :

  • Raspberry – the O.G.
  • Banana – seems to be popular for hobbyist router/switches
  • Orange
  • Atomic
  • Nano
  • Mango

  Okay, so the AtomicPi and NanoPi names don’t really make sense considering the fruit convention.

  Anyway, the newest entry is the MangoPi. These showed up on Ameridroid a few months ago. There are 2 variants : the MQ-Pro and the MQ-Quad. I picked one and rolled with it.

  

  MangoPi MQ-Pro pieces arrive

  When it arrived, I unpacked it, assembled the pieces, downloaded a distro, tossed that on a micro-SD card, connected a monitor and keyboard to it via its USB-C port, got the distro up and running, configured the wireless networking with a static IP address and installed sshd, and it was ready to go as a headless server for an edge application.

  

  MangoPi MQ-Pro components, ready for assembly

  The unit came with no instructions that I can recall. After I got it set up, I remember thinking, “What is wrong with me ? Why is it that I just know how to do all of this without any documentation ?”

  

  MangoPi MQ-Pro in first test

  Only after I got it up and running and poked around a bit did I realize that this SBC doesn’t have an ARM SoC– it’s a RISC-V SoC. It uses the Allwinner D1, so it looks like I came full circle back to Allwinner.

  

  MangoPi MQ-Pro with more US coinage for scale

  So I now have my first piece of RISC-V hobbyist kit, although I learned recently from Kostya that it’s not that great for multimedia.

  Handheld Gaming Units
  The folks at Hardkernel have also produced a series of handheld retro-gaming devices called ODROID-GO. The first one resembled the original Nintendo Game Boy, came as a kit to be assembled, and emulated 5 classic consoles. It also had some hackability to it. Quite a cool little device, and inexpensive too. I have since passed it along to another gaming enthusiast.

  Later came the ODROID-GO Advance, also a kit, but emulating more devices. I was extremely eager to get my hands on this since it could emulate SNES in addition to NES. It also features a headphone jack, unlike the earlier model. True to form, after I received mine, it took me about 13 months before I got around to assembling it. After that, the biggest challenge I had was trying to find an appropriate case for it.

  

  ODROID-GO Advance with case and headphones

  Even though it may try to copy the general aesthetic and form factor of the Game Boy Advance, cases for the GBA don’t fit this correctly.

  Further, Hardkernel have also released the ODROID-GO Super and Ultra models that do more and more. The Advance, Super, and Ultra models have powerful SoCs and feature much more hackability than the first ODROID-GO model.

  I know that the guts of the Advance have been used in other products as well. The same is likely true for the Super and Ultra.

  Ultimately, the ODROID-GO Advance was just another project I assembled and then set aside since I like the idea of playing old games much more than actually doing it. Plus, the fact has finally crystalized in my mind over the past few years that I have never enjoyed handheld gaming and likely will never enjoy handheld gaming, even after I started wearing glasses. Not that I’m averse to old Game Boy / Color / Advance games, but if I’m going to play them, I’d rather emulate them on a large display.

  The Future
  In some of my weaker moments, I consider ordering up certain Banana Pi products (like the Banana Pi BPI-R2) with a case and doing my own router tricks using some open source router/firewall solution. And then I remind myself that my existing prosumer-type home router is doing just fine. But maybe one day…

  The post My SBC Collection first appeared on Breaking Eggs And Making Omelettes.

• Understanding Data Processing Agreements and How They Affect GDPR Compliance

  9 octobre 2023, par Erin — GDPR

  The General Data Protection Regulation (GDPR) impacts international organisations that conduct business or handle personal data in the European Union (EU), and they must know how to stay compliant.

  One way of ensuring GDPR compliance is through implementing a data processing agreement (DPA). Most businesses overlook DPAs when considering ways of maintaining user data security. So, what exactly is a DPA’s role in ensuring GDPR compliance ?

  In this article, we’ll discuss DPAs, their advantages, which data protection laws require them and the clauses that make up a DPA. We’ll also discuss the consequences of non-compliance and how you can maintain GDPR compliance using Matomo.

  What is a data processing agreement ?

  A data processing agreement, data protection agreement or data processing addendum is a contractual agreement between a data controller (a company) and a data processor (a third-party service provider.) It defines each party’s rights and obligations regarding data protection.

  A DPA also defines the responsibilities of the controller and the processor and sets out the terms they’ll use for data processing. For instance, when MHP/Team SI sought the services of Matomo (a data processor) to get reliable and compliant web analytics, a DPA helped to outline their responsibilities and liabilities.

  A DPA is one of the basic requirements for GDPR compliance. The GDPR is an EU regulation concerning personal data protection and security. The GDPR is binding on any company that actively collects data from EU residents or citizens, regardless of their location.

  As a business, you need to know what goes into a DPA to identify possible liabilities that may arise if you don’t comply with European data protection laws. For example, having a recurrent security incident can lead to data breaches as you process customer personal data.

  The average data breach cost for 2023 is $4.45 million. This amount includes regulatory fines, containment costs and business losses. As such, a DPA can help you assess the organisational security measures of your data processing methods and define the protocol for reporting a data breach.

  Why is a DPA essential for your business ?

  If your company processes personal data from your customers, such as contact details, you need a DPA to ensure compliance with data security laws like GDPR. You’ll also need a DPA to hire a third party to process your data, e.g., through web analytics or cloud storage.

  But what are the benefits of having a DPA in place ?

  

  A key benefit of signing a DPA is it outlines business terms with a third-party data processor and guarantees compliance with the relevant data privacy laws. A DPA also helps to create an accountability framework between you and your data processor by establishing contractual obligations.

  Additionally, a DPA helps to minimise the risk of unauthorised access to sensitive data. A DPA defines organisational measures that help protect the rights of individuals and safeguard personal data against unauthorised disclosure. Overall, before choosing a data processor, having a DPA ensures that they are capable, compliant and qualified.

  More than 120 countries have already adopted some form of international data protection laws to protect their citizens and their data better. Hence, knowing which laws require a DPA and how you can better ensure compliance is important.

  Which data protection laws require a DPA ?

  Regulatory bodies enact data protection laws to grant consumers greater control over their data and how businesses use it. These laws ensure transparency in data processing and compliance for businesses.

  

  The following are some of the relevant data privacy laws that require you to have a DPA :

  • UK GDPR
  • Brazil LGPD
  • EU GDPR
  • Dubai PDPA
  • Colorado CPA
  • California CCPA/CPRA
  • Virginia VCDPA
  • Connecticut DPA
  • South African POPIA
  • Thailand PDPA

  Companies that don’t adhere to these data protection obligations usually face liabilities such as fines and penalties. With a DPA, you can set clear expectations regarding data processing between you and your customers.

  Review and update any DPAs with third-party processors to ensure compliance with GDPR and the laws we mentioned above. Additionally, confirm that all the relevant clauses are present for compliance with relevant data privacy laws. 

  So, what key data processing clauses should you have in your DPA ? Let’s take a closer look in the next section.

  Key clauses in a data processing agreement

  GDPR provides some general recommendations for what you should state in a DPA.

  

  Here are the elements you should include :

  Data processing specifications

  Your DPA should address the specific business purposes for data processing, the duration of processing and the categories of data under processing. It should also clearly state the party responsible for maintaining GDPR compliance and who the data subjects are, including their location and nationality.

  Your DPA should also address the data processor and controller’s responsibilities concerning data deletion and contract termination.

  Role of processor

  Your DPA should clearly state what your data processor is responsible for and liable for. Some key responsibilities include record keeping, reporting breaches and maintaining data security.

  Other roles of your data processor include providing you with audit opportunities and cooperating with data protection authorities during inquiries. If you decide to end your contract, the data processor is responsible for deleting or returning data, depending on your agreement.

  Role of controller

  Your DPA should inform the responsibilities of the data controller, which typically include issuing processing instructions to the data processor and directing them on how to handle data processing.

  Your DPA should let you define the lawful data processes the data processor should follow and how you’ll uphold the data protection rights of individuals’ sensitive data.

  Organisational and technical specifications

  Your DPA should define specifications such as how third-party processors encrypt, access and test personal data. It should also include specifications on how the data processor and controller will maintain ongoing data security through various factors such as :

  • State of the technology : Do ‌third-party processors have reliable technology, and can they ensure data security within their systems ?
  • Costs of implementation : Does the data controller’s budget allow them to seek third-party services from industry-leading providers who can guarantee a certain level of security ?
  • Variances in users’ personal freedom : Are there privacy policies and opt-out forms for users to express how they want companies to use their sensitive data ?

  Moreover, your DPA should define how you and your data processor will ensure the confidentiality, availability and integrity of data processing services and systems.

  What are the penalties for DPA GDPR non-compliance ?

  Regulators use GDPR’s stiff fines to encourage data controllers and third-party processors to follow‌ best data security practices. One way of maintaining compliance is through drafting up a DPA with your data processor.

  The DPA should clearly outline the necessary legal requirements and include all the relevant clauses mentioned above. Understand what goes into this agreement since data protection authorities can hold your business accountable for a breach — even if a processor’s error caused it.

  Data protection authorities can issue penalties now that the GDPR is in place. For example, according to Article 83 of the GDPR, penalties for data or privacy breaches or non-compliance can amount to up to €20 million or 4% of your annual revenue.

  There are two tiers of fines : tier one and tier two. Violations related to data processors typically attract fines on the tier-one level. Tier one fines can cost your business €10 million or 2% of your company’s global revenue.

  Tier-two fines result from infringement of the right to forget and the right to privacy of your consumer. Tier-two fines can cost your business up to €20 million or 4% of your company’s global revenue.

  GDPR fines make non-compliance an expensive mistake for businesses of all sizes. As such, signing a DPA with any party that acts as a data processor for your business can help you remain GDPR-compliant.

  How a DPA can help your business remain GDPR compliant

  A DPA can help your business define and adhere to lawful data processes.

  

  So, in what other ways can a DPA help you to remain compliant with GDPR ? Let’s take a look !

  1. Assess data processor’s compliance

  Having a DPA helps ensure that the data processor you are working with is GDPR-compliant. You should check if they have a DPA and confirm the processor’s terms of service and legal basis.

  For example, if you want an alternative to Google Analytics that’s GDPR compliant, then you can opt for Matomo. Matomo features a DPA, which you can agree to when you sign up for web analytics services or later.

  2. Establish lawful data processes

  A DPA can also help you review your data processes to ensure they’re GDPR compliant. For example, by defining lawful data processes, you better understand personally identifiable information (PII) and how it relates to data privacy.

  Further, you can allow users to opt out of sharing their data. As such, Matomo can help you to enable Do Not Track preferences on your website.

  

  With this feature, users are given the option to opt in or out of tracking via a toggle in their respective browsers.

  Indeed, establishing lawful data processes helps you define the specific business purposes for collecting and processing personal data. By doing so, you get to notify your users why you need their data and get their consent to process it by including a GDPR-compliant privacy policy on your website.

  3. Anonymise your data

  Global privacy laws like GDPR and ePrivacy mandate companies to display cookie banners or seek consent before tracking visitors’ data. You can either include a cookie consent banner on your site or stop tracking cookies to follow the applicable regulations.

  Further, you can enable cookie-less tracking or easily let users opt out. For example, you can use Matomo without a cookie consent banner, exempting it from many countries’ privacy rules.

  Additionally, through a DPA, you can define organisational measures that define how you’ll anonymise all your users’ data. Matomo can help you anonymise IP addresses, and we recommend that you at least anonymise the last two bytes.

  

  As one of the few web analytics tools you can use to collect data without tracking consent, Matomo also has the French Data Protection Authority (CNIL) approval.

  4. Assess the processor’s bandwidth

  Having a DPA can help you implement data retention policies that show clear retention periods. Such policies are useful when ending a contract with a third-party service provider and determining how they should handle your data.

  A DPA also helps you ensure the processor has the necessary technology to store personal data securely. You can conduct an audit to understand possible vulnerabilities and your data processor’s technological capacity.

  5. Obtain legal counsel

  When drafting a DPA, it’s important to get a consultation on what is needed to ensure complete compliance. Obtaining legal counsel points you in the right direction so you don’t make any mistakes that may lead to non-compliance.

  Conclusion

  Businesses that process users’ data are subject to several DPA contract requirements under GDPR. One of the most important is having DPAs with every third-party provider that helps them perform data processing.

  It’s important to stay updated on GDPR requirements for compliance. As such, Matomo can help you maintain lawful data processes. Matomo gives you complete control over your data and complies with GDPR requirements.

  To get started with Matomo, you can sign up for a 21-day free trial. No credit card required.

  Disclaimer

  We are not lawyers and don’t claim to be. The information provided here is to help give an introduction to GDPR. We encourage every business and website to take data privacy seriously and discuss these issues with your lawyer if you have any concerns.

• Virginia Consumer Data Protection Act (VCDPA) Guide

  27 septembre 2023, par Erin — Privacy

  Do you run a for-profit organisation in the United States that processes personal and sensitive consumer data ? If so, you may be concerned about the growing number of data privacy laws cropping up from state to state.

  Ever since the California Consumer Privacy Act (CCPA) came into effect on January 1, 2020, four other US states — Connecticut, Colorado, Utah and Virginia — have passed their own data privacy laws. Each law uses the CCPA as a foundation but slightly deviates from the formula. This is a problem for US organisations, as they cannot apply the same CCPA compliance framework everywhere else.

  In this article, you’ll learn what makes the Virginia Consumer Data Protection Act (VCDPA) unique and how to ensure compliance.

  What is the VCDPA ?

  Signed by Governor Ralph Northam on 2 March 2021, and brought into effect on 1 January 2023, the VCDPA is a new data privacy law. It gives Virginia residents certain rights regarding how organisations process their personal and sensitive consumer data.

  

  The law contains several provisions, which define :

  • Who must follow the VCDPA
  • Who is exempt from the VCDPA
  • The consumer rights of data subjects
  • Relevant terms, such as “consumers,” “personal data,” “sensitive data” and the “sale of personal data”
  • The rights and responsibilities of data controllers
  • What applicable organisations must do to ensure VCDPA compliance

  These guidelines define the data collection practices that VCDPA-compliant organisations must comply with. The practices are designed to protect the rights of Virginia residents who have their personal or sensitive data collected.

  What are the consumer rights of VCDPA data subjects ?

  There are seven consumer rights that protect residents who fit the definition of “data subjects” under the new Virginia data privacy law. 

  

  A data subject is an “identified or identifiable natural person” who has their information collected. Personally identifiable information includes a person’s name, address, date of birth, religious beliefs, immigration status, status of child protection assessments, ethnic origin and more.

  Below is a detailed breakdown of each VCDPA consumer right :

  1. Right to know, access and confirm personal data : Data subjects have the right to know that their data is being collected, the right to access their data and the right to confirm that the data being collected is accurate and up to date.
  2. Right to delete personal data : Data subjects have the right to request that their collected personal or sensitive consumer data be deleted.
  3. Right to correct inaccurate personal data : Data subjects have the right to request that their collected data be corrected.
  4. Right to data portability : Data subjects have the right to obtain their collected data and, when reasonable and possible, request that their collected data be transferred from one data controller to another.
  5. Right to opt out of data processing activity : Data subjects have the right to opt out of having their personal or sensitive data collected.
  6. Right to opt out of the sale of personal and sensitive consumer data : Data subjects have the right to opt out of having their collected data sold to third parties.

  Right to not be discriminated against for exercising one’s rights : Data subjects have the right to not be discriminated against for exercising their right to not have their personal or sensitive consumer data collected, processed and sold to third parties for targeted advertising or other purposes.

  Who must comply with the VCDPA ?

  The VCDPA applies to for-profit organisations. Specifically, those that operate and offer products or services in the state of Virginia.

  

  Additionally, for-profit organisations that fit under either of these two categories must comply with the VCDPA :

  • Collect and process the personal data of at least 100,000 Virginia residents within a financial year or
  • Collect and process the personal data of at least 25,000 Virginia residents and receive at least 50% of gross revenue by selling personal or sensitive data.

  If a for-profit organisation resides out of the state of Virginia and falls into one of the categories above, they must comply with the VCDPA. Eligibility requirements also apply, regardless of the revenue threshold of the organisation in question. Large organisations can avoid VCDPA compliance if they don’t meet either of the above two eligibility requirements.

  What types of consumer data does the VCDPA protect ?

  The two main types of data that apply to the VCDPA are personal and sensitive data. 

  

  Personal data is either identified or personally identifiable information, such as home address, date of birth or phone number. Information that is publicly available or has been de-identified (dissociated with a natural person or entity) is not considered personal data.

  Sensitive data is a category of personal data. It’s data that’s either the collected data of a known child or data that can be used to form an opinion about a natural person or individual. Examples of sensitive data include information about a person’s ethnicity, religion, political beliefs and sexual orientation. 

  It’s important that VCDPA-compliant organisations understand the difference between the two data types, as failure to do so could result in penalties of up to $7,500 per violation. For instance, if an organisation wants to collect sensitive data (and they have a valid reason to do so), they must first ask for consent from consumers. If the organisation in question fails to do so, then they’ll be in violation of the VCDPA, and may be subject to multiple penalties — equal to however many violations they incur.

  A 5-step VCDPA compliance framework

  Getting up to speed with the terms of the VCDPA can be challenging, especially if this is your first time encountering such a law. That said, even organisations that have experience with data privacy laws should still take the time to understand the VCDPA.

  

  Here’s a simple 5-step VCDPA compliance framework to follow.

  1. Assess data

  First off, take the time to become familiar with the Virginia Consumer Data Protection Act (VCDPA). Then, read the content from the ‘Who does the VCDPA apply to’ section of this article, and use this information to determine if the law applies to your organisation.

  How do you know if you reach the data subject threshold ? Easy. Use a web analytics platform like Matomo to see where your web visitors are, how many of them (from that specific region) are visiting your website and how many of them you’re collecting personal or sensitive data from.

  To do this in Matomo, simply open the dashboard, look at the “Locations” section and use the information on display to see how many Virginia residents are visiting your website.

  

  Using the dashboard will help you determine if the VCDPA applies to your company.

  2. Evaluate your privacy practices

  Review your existing privacy policies and practices and update them to comply with the VCDPA. Ensure your data collection practices protect the confidentiality, integrity and accessibility of your visitors.

  One way to do this is to automatically anonymise visitor IPs, which you can do in Matomo — in fact, the feature is automatically set to default. 

  

  Another great thing about IP anonymisation is that after a visitor leaves your website, any evidence of them ever visiting is gone, and such information cannot be tracked by anyone else. 

  3. Inform data subjects of their rights

  To ensure VCDPA compliance in your organisation, you must inform your data subjects of their rights, including their right to access their data, their right to transfer their data to another controller and their right to opt out of your data collection efforts.

  That last point is one of the most important, and to ensure that you’re ready to respond to consumer rights requests, you should prepare an opt-out form in advance. If a visitor wants to opt out from tracking, they’ll be able to do so quickly and easily. Not only will this help you be VCDPA compliant, but your visitors will also appreciate the fact that you take their privacy seriously.

  

  To create an opt-out form in Matomo, visit the privacy settings section (click on the cog icon in the top menu) and click on the “Users opt-out” menu item under the Privacy section. After creating the form, you can then customise and publish the form as a snippet of HTML code that you can place on the pages of your website.

  4. Review vendor contracts

  Depending on the nature of your organisation, you may have vendor contracts with a third-party business associate. These are individuals or organisations, separate from your own, that contribute to the successful delivery of your products and services.

  You may also engage with third parties that process the data you collect, as is the case for many website owners that use Google Analytics (to which there are many alternatives) to convert visitor data into insights. 

  Financial institutions, such as stock exchange companies, also rely on third-party data for trading. If this is the case for you, then you likely have a Data Processing Agreement (DPA) in place — a legally binding document between you (the data controller, who dictates how and why the collected data is used) and the data processor (who processes the data you provide to them).

  To ensure that your DPA is VCDPA compliant, make sure it contains the following items :

  • Definition of terms
  • Instructions for processing data
  • Limits of use (explain what all parties can and cannot do with the collected data)
  • Physical data security practices (e.g., potential risks, risk of harm and control measures)
  • Data subject rights
  • Consumer request policies (i.e., must respond within 45 days of receipt)
  • Privacy notices and policies

  5. Seek expert legal advice

  To ensure your organisation is fully VCDPA compliant, consider speaking to a data and privacy lawyer. They can help you better understand the specifics of the law, advise you on where you fall short of compliance and what you must do to become VCDPA compliant.

  Data privacy lawyers can also help you draft a meaningful privacy notice, which may be useful in modifying your existing DPAs or creating new ones. If needed, they can also advise you on areas of compliance with other state-specific data protection acts, such as the CCPA and newly released laws in Colorado, Connecticut and Utah.

  How does the VCDPA differ from the CCPA ?

  Although the VCDPA has many similarities to the CCPA, the two laws still have their own approach to applying the law. 

  Here’s a quick breakdown of the main differences that set these laws apart.

  Definition of a consumer

  Under the VCDPA, a consumer is a “natural person who is a Virginia resident acting in an individual or household context.” Meanwhile, under the CCPA, a consumer is a “natural person who is a California resident acting in an individual or household context.” However, the VCDPA omits people in employment contexts, while the CCPA doesn’t. Hence, organisations don’t need to consider employee data.

  Sale of personal data

  The VCDPA defines the “sale of personal data” as an exchange “for monetary consideration” by the data controller to a data processor or third party. This means that, under the VCDPA, an act is only considered a “sale of personal data” if there is monetary value attached to the transaction.

  This contrasts with the CCPA, where that law also counts “other valuable considerations” as a factor when determining if the sale of personal data has occurred.

  Right to opt out

  Just like the CCPA, the VCDPA clearly outlines that organisations must respond to a user request to opt out of tracking. However, unlike the CCPA, the VCDPA does not give organisations any exceptions to such a right. This means that, even if the organisation believes that the request is impractical or hard to pull off, it must comply with the request under any circumstances, even in instances of hardship.

  Ensure VCDPA compliance with Matomo

  The VCDPA, like many other data privacy laws in the US, is designed to enhance the rights of Virginia consumers who have their personal or sensitive data collected and processed. Fortunately, this is where platforms like Matomo can help.

  Matomo is a powerful web analytics platform that has built-in features to help you comply with the VCDPA. These include options like :

  • Cookie-less tracking
  • Creating consumer consent and opt-out forms
  • Giving consumers access to their personal data

  Try out the free 21-day Matomo trial today. No credit card required.