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.
This section establishes the definitional framework for the Artificial Intelligence Transparency Act. Key defined terms include generative artificial intelligence system (the covered platform), Developer (any person doing business in the Commonwealth that develops or significantly updates an AI system provided to Virginia consumers), and Third-party licensee (any person in Virginia who has obtained a license from a developer to access and use a generative AI system). Notably, the definition of AI-generated content incorporates a materiality threshold: the AI's use must materially alter a reasonable person's understanding of the meaning or significance of the content.
(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.
This section imposes the bill's core labeling and provenance obligations on developers of generative AI systems. Subsection A requires that audio, image, and video outputs carry both a human-perceptible label and embedded metadata identifying the content as AI-generated, including tool identity and creation timestamp. These disclosures must be permanent or difficult to remove. Subsection B extends the human-perceptible disclosure requirement to text content, including chatbot output, but does not require the same metadata embedding mandated for non-text content.
Subsection C defines clear and conspicuous with specificity: disclosures must match the medium (visual content gets visual labels; audiovisual gets both); visual labels must stand out in size, contrast, and location; audible labels must be delivered at sufficient volume and cadence; and disclosures must be unavoidable and not contradicted elsewhere in the communication.
Subsections D and E impose downstream-protection obligations on developers and third-party licensees respectively, requiring contractual prohibitions on disclosure removal, certification from end users, and termination of access upon discovery of removal. The subsection E obligation on third-party licensees mirrors the developer obligation in subsection D but applies one level further downstream — the licensee must bind its own end users.
(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.
This section establishes the enforcement framework for the Artificial Intelligence Transparency Act. Violations are incorporated into Virginia's existing consumer protection architecture by declaring them prohibited practices under Va. Code § 59.1-200, making the full enforcement toolkit of the Virginia Consumer Protection Act available. The Attorney General has enforcement authority but must provide developers a 30-day cure period before initiating action — if the developer cures the violation and provides a written statement that the violation has been cured and will not recur, enforcement is barred. The bill also creates a private right of action for injured persons, who may recover monetary damages under § 59.1-204 or seek injunctive or equitable relief, with reasonable attorney fees and costs available in equity.
A(83) / A(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 item — subdivision 83 (in the currently effective version) and subdivision 84 (in the version effective July 1, 2025) — declaring that violating any provision of the Artificial Intelligence Transparency Act (§ 59.1-607 et seq.) constitutes a prohibited practice. This integration makes AI Transparency Act violations enforceable through the full Virginia Consumer Protection Act apparatus, including Attorney General enforcement, civil penalties, and the private right of action already provided by § 59.1-204.