WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
As used in this chapter, unless the context requires a different meaning: "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a set of technologies that enables machines to perform tasks under varying and unpredictable circumstances that typically require human oversight or intelligence, or that can learn from experience and improve performance when exposed to datasets.Va. Code § 59.1-607" means a set of technologies that enables machines to perform tasks under varying and unpredictable circumstances that typically require human oversight or intelligence, or that can learn from experience and improve performance when exposed to datasets. "Artificial intelligence chatbotArtificial intelligence chatbot"Artificial intelligence chatbot" means a generative artificial intelligence system with which users can interact through an interface that approximates or simulates conversation, including by means of text or voice interaction.Va. Code § 59.1-607" means a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607 with which users can interact through an interface that approximates or simulates conversation, including by means of text or voice interaction. "Artificial intelligence-generated contentArtificial intelligence-generated content"Artificial intelligence-generated content" or "AI-generated content" means audio, images, text, or video content that is substantially created or modified by a generative artificial intelligence system such that the use of such system materially alters a reasonable person's understanding of the meaning or significance of such content.Va. Code § 59.1-607" or "AI-generated content" means audio, images, text, or video content that is substantially created or modified by a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607 such that the use of such system materially alters a reasonable person's understanding of the meaning or significance of such content. "Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs such system received how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments.Va. Code § 59.1-607" means any machine-based system that, for any explicit or implicit objective, infers from the inputs such system received how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "DeveloperDeveloper"Developer" means any person doing business in the Commonwealth that develops or significantly updates an artificial intelligence system that is offered, sold, leased, given, or otherwise provided to consumers in the Commonwealth.Va. Code § 59.1-607" means any person doing business in the Commonwealth that develops or significantly updates an artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs such system received how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments.Va. Code § 59.1-607 that is offered, sold, leased, given, or otherwise provided to consumers in the Commonwealth. "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence based on a foundation model that is capable of and used to produce synthetic digital content, including audio, images, text, and videos.Va. Code § 59.1-607" means artificial intelligenceArtificial intelligence"Artificial intelligence" means a set of technologies that enables machines to perform tasks under varying and unpredictable circumstances that typically require human oversight or intelligence, or that can learn from experience and improve performance when exposed to datasets.Va. Code § 59.1-607 based on a foundation model that is capable of and used to produce synthetic digital content, including audio, images, text, and videos. "Generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607" means any artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs such system received how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments.Va. Code § 59.1-607 or service that incorporates generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence based on a foundation model that is capable of and used to produce synthetic digital content, including audio, images, text, and videos.Va. Code § 59.1-607. "MetadataMetadata"Metadata" means structural or descriptive information about data.Va. Code § 59.1-607" means structural or descriptive information about data. "Third-party licenseeThird-party licensee"Third-party licensee" means any person in the Commonwealth who has obtained a license from a developer to access and use a generative artificial intelligence system for its own purposes.Va. Code § 59.1-607" means any person in the Commonwealth who has obtained a license from a developerDeveloper"Developer" means any person doing business in the Commonwealth that develops or significantly updates an artificial intelligence system that is offered, sold, leased, given, or otherwise provided to consumers in the Commonwealth.Va. Code § 59.1-607 to access and use a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607 for its own purposes.
Section 59.1-607 establishes the defined terms used throughout the Artificial Intelligence Transparency Act. Key definitions include developer (any person doing business in Virginia that develops or significantly updates an AI system provided to consumers), third-party licensee (any person in Virginia licensed to access and use a generative AI system), generative artificial intelligence system (the covered platform), and AI-generated content (content substantially created or modified by generative AI such that it materially alters a reasonable person's understanding of its meaning or significance). The materiality threshold in the AI-generated content definition is notable — content only qualifies if it materially alters understanding, which narrows the scope of downstream disclosure obligations.
(A) 1 A developer of a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607 made available in the Commonwealth shall ensure that any generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607 that produces audio, images, or video content includes on such AI-generated content a clear and conspicuous disclosure that meets the following requirements: 1. The disclosure shall include a clear and conspicuous notice, as appropriate for the medium of the content that identifies the content as AI-generated content. 2. The output's metadataMetadata"Metadata" means structural or descriptive information about data.Va. Code § 59.1-607 shall include an identification of the content as being AI-generated content, the identity of the tool used to create the content, and the date and time the content was created. 3. The disclosure shall, to the extent technically feasible, be permanent or unable to be easily removed by subsequent users.
(B) 2 A developer of a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607 made available in the Commonwealth shall ensure that any generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607 that produces text content, including through an artificial intelligence chatbotArtificial intelligence chatbot"Artificial intelligence chatbot" means a generative artificial intelligence system with which users can interact through an interface that approximates or simulates conversation, including by means of text or voice interaction.Va. Code § 59.1-607, includes on such AI-generated content a clear and conspicuous disclosure that identifies the content as AI-generated content and that is, to the extent technically feasible, permanent or unable to be easily removed by subsequent users.
(C) 1 For a disclosure to be "clear and conspicuous" as required by subsections A and B, it shall meet the following criteria: 1. For any content that is solely visual or solely audible, the disclosure shall be made through the same means through which the content is presented; 2. For any content that is both visual and audible, the disclosure shall be visual and audible; 3. A visual disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, shall stand out from any accompanying text or other visual elements so that the disclosure is easily noticed, read, and understood; 4. An audible disclosure shall be delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure; 5. The disclosure shall be unavoidable; 6. The disclosure shall use diction and syntax understandable to a reasonable person; and 7. The disclosure shall not be contradicted or mitigated by, or inconsistent with, anything else in the communication.
(D) 3 A developer of a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607 shall implement reasonable procedures to prevent downstream use of such system without the disclosures required under subsections A and B, which shall include: 1. Requiring by contract that end users and third-party licensees of the system refrain from removing any required disclosure; 2. Requiring certification that end users and third-party licenseesThird-party licensee"Third-party licensee" means any person in the Commonwealth who has obtained a license from a developer to access and use a generative artificial intelligence system for its own purposes.Va. Code § 59.1-607 will not remove any such disclosure; and 3. Terminating access to the system when the developerDeveloper"Developer" means any person doing business in the Commonwealth that develops or significantly updates an artificial intelligence system that is offered, sold, leased, given, or otherwise provided to consumers in the Commonwealth.Va. Code § 59.1-607 has reason to believe that an end user or third-party licenseeThird-party licensee"Third-party licensee" means any person in the Commonwealth who has obtained a license from a developer to access and use a generative artificial intelligence system for its own purposes.Va. Code § 59.1-607 has removed the required disclosure.
(E) 4 Any third-party licensee of a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607 shall implement reasonable procedures to prevent downstream use of such system without the disclosures required under subsections A and B, which shall include: 1. Requiring by contract that end users of the system refrain from removing any required disclosure; 2. Requiring certification that end users will not remove any such disclosure; and 3. Terminating access to the system when the developerDeveloper"Developer" means any person doing business in the Commonwealth that develops or significantly updates an artificial intelligence system that is offered, sold, leased, given, or otherwise provided to consumers in the Commonwealth.Va. Code § 59.1-607 has reason to believe that an end user has removed the required disclosure.
Section 59.1-608 imposes the bill's core substantive obligations. Developers of generative AI systems available in Virginia must ensure that AI-generated audio, image, and video content carries both a human-perceptible disclosure and embedded metadata identifying the content as AI-generated, the generating tool, and the creation timestamp. Text output — including chatbot output — requires a clear and conspicuous disclosure identifying the content as AI-generated, but does not require embedded metadata. All disclosures must be, to the extent technically feasible, permanent or not easily removable.
Subsection C specifies detailed criteria for what qualifies as clear and conspicuous, including medium-matching requirements, readability standards, and a prohibition on contradictory messaging. Subsection D requires developers to implement downstream-use protections — contractual prohibitions on disclosure removal, user certifications, and access termination for violators. Subsection E imposes parallel downstream-protection obligations on third-party licensees. Notably, subsection E(3) references "the developer" having reason to believe an end user removed a disclosure, even though the obligation is on the third-party licensee — this appears to be a drafting error.
(A) Any violation of this chapter shall constitute a prohibited practice under the provisions of § 59.1-200 and shall be subject to the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
(B) Prior to initiating an enforcement action for a violation of this chapter, the Attorney General may provide a developerDeveloper"Developer" means any person doing business in the Commonwealth that develops or significantly updates an artificial intelligence system that is offered, sold, leased, given, or otherwise provided to consumers in the Commonwealth.Va. Code § 59.1-607 30 days' written notice identifying the specific provisions of this chapter the Attorney General alleges have been or are being violated. If within the 30-day period the developerDeveloper"Developer" means any person doing business in the Commonwealth that develops or significantly updates an artificial intelligence system that is offered, sold, leased, given, or otherwise provided to consumers in the Commonwealth.Va. Code § 59.1-607 cures the noticed violation and provides the Attorney General an express written statement that the alleged violations have been cured and that no further violations shall occur, no action shall be initiated against the developerDeveloper"Developer" means any person doing business in the Commonwealth that develops or significantly updates an artificial intelligence system that is offered, sold, leased, given, or otherwise provided to consumers in the Commonwealth.Va. Code § 59.1-607.
(C) Any person or entity claiming to be injured due to a violation of this chapter shall be entitled to initiate an action to recover monetary damages pursuant to § 59.1-204 or to obtain injunctive or any other available equitable relief. In granting equitable relief, the court may award reasonable attorney fees and costs to the person or entity injured.
Section 59.1-609 establishes the enforcement framework for the Artificial Intelligence Transparency Act. Any violation constitutes a prohibited practice under § 59.1-200 of the Virginia Consumer Protection Act, incorporating the full enforcement apparatus of that statute — including Attorney General enforcement authority and associated penalties. Before initiating an enforcement action, the Attorney General may provide a developer 30 days' written notice and an opportunity to cure; if the developer cures and certifies no further violations will occur, no enforcement action may be brought.
The section also creates a private right of action for any person or entity claiming injury from a violation. Private plaintiffs may recover monetary damages under § 59.1-204 or obtain injunctive or other equitable relief. In granting equitable relief, the court may award reasonable attorney fees and costs.
A(83)/(84) Violating any provision of the Artificial IntelligenceArtificial intelligence"Artificial intelligence" means a set of technologies that enables machines to perform tasks under varying and unpredictable circumstances that typically require human oversight or intelligence, or that can learn from experience and improve performance when exposed to datasets.Va. Code § 59.1-607 Transparency Act (§ 59.1-607 et seq.).
This section amends Virginia's existing Consumer Protection Act prohibited-practices list (§ 59.1-200) to add a new subdivision making any violation of the Artificial Intelligence Transparency Act (§ 59.1-607 et seq.) a prohibited practice under the VCPA. The amendment appears in both the currently-effective version and the version effective July 1, 2025, ensuring coverage regardless of which version is operative at the time of enactment. This integration mechanism is how Virginia gives the Attorney General enforcement authority and subjects AI Transparency Act violations to VCPA penalties and private remedies.