Customer-facing AI chatbots, virtual assistants, and automated response systems. Here is what Virginia businesses need to know in 2026.
Virginia has enacted HB 2094 — High-Risk AI Developer and Deployer Act (vetoed 2025-03-24). HB 2094 would have required high-risk AI developers to implement safeguards against algorithmic discrimination. Governor Youngkin vetoed the bill on March 24, 2025; no dedicated AI law currently in effect.
State law does not replace federal law — you must comply with both. These federal rules apply to chatbot disclosure nationwide:
Virginia's HB 2094 — High-Risk AI Developer and Deployer Act (vetoed 2025-03-24) often includes size-based exemptions. Businesses with fewer than 25 employees may be exempt, but should verify thresholds. Always review the specific statute for employee count and revenue thresholds.
The key deadline in Virginia is N/A (vetoed). The law is still developing — monitor for final rules.
Virginia penalties for AI non-compliance: N/A (vetoed). While enforcement is still developing, companies found non-compliant face civil penalties and potential litigation.
Federal law does not currently preempt state AI laws. Virginia's HB 2094 — High-Risk AI Developer and Deployer Act (vetoed 2025-03-24) applies independently of federal rules. Federal laws like ECOA, FCRA, and HIPAA also apply alongside state law — so you must comply with both.
Best practice: document all AI systems used, conduct an internal audit, implement required disclosures, and keep records for at least 3 years. For high-risk uses like chatbot disclosure, consider hiring an independent third-party auditor to validate compliance.
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