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Data privacy laws are changing fast, and Florida is no exception. With the introduction of Florida’s Digital Bill of Rights (FDBR), businesses need to be more mindful of collecting, storing, and using consumer data. If your company operates in Florida or deals with Florida residents’ personal information, there are new rules to follow.
Ignoring these regulations could lead to fines, legal issues, and damage to your business’s reputation. If you’re running a business that processes consumer data, uses targeted advertising, or relies on automated decision-making, it’s time to look closely at what Florida law requires.
The Florida Digital Bill of Rights (FDBR) is a new law that protects how companies handle personal data. But it doesn’t apply to every business—only big, for-profit companies with over $1 billion in revenue that:
Even if a company doesn’t meet these rules, it might still need to comply if it’s owned by or controls a business that does.
Some businesses are exempt, such as government agencies, nonprofits, banks, and healthcare providers. But companies that collect, sell, or track consumer data—even through third-party vendors—need to be careful.
The law gives Florida residents more control over their data. They can see, fix, delete, or stop companies from selling their information. Businesses that don’t follow the rules can be fined up to $50,000 per violation—or three times that if a child’s data is involved.
Since the law is already in effect, businesses should check if they need to comply. If they are not sure, a data law firm can help them make sense of it.
Florida’s Digital Bill of Rights outlines several key responsibilities for businesses handling consumer data. These rules protect consumer privacy, give people more control over their personal information, and ensure companies are transparent about data practices.
Businesses must be upfront about what data they’re collecting and how they plan to use it. That means having a clear, easy-to-understand privacy policy that spells out what information is gathered, whether it’s being shared, and how long it’s retained.
Companies should make privacy policies easily accessible—no hiding them in fine print or legal jargon. Florida’s law expects businesses to be straightforward and transparent about their data practices. A data law firm can help ensure your privacy policy meets legal standards.
Florida consumers now have more power over their data. Businesses must provide a way for customers to request access to their data and even ask for it to be deleted.
If a customer wants to know what data a company has on them, businesses must respond in a reasonable timeframe. If they request deletion, companies must comply unless there’s a valid legal or business reason to keep it. An internal process for handling these requests is essential for compliance.
Digital advertising is a huge part of business today, but Florida law requires companies to give consumers the choice to opt out of targeted ads and data sharing.
If a business is tracking customer behavior or using personal data for advertising, it must provide an easy way for consumers to say “no thanks.” Companies should ensure that their websites, apps, and platforms have a clear opt-out option for data tracking.
Selling or sharing consumer data? Florida law now limits businesses’ ability to do this. Companies must disclose who they share data with and ensure third-party vendors comply with privacy laws.
It’s not just about avoiding direct sales of consumer data. If a business works with external marketing agencies, data processors, or cloud service providers, it must ensure those partnerships align with Florida’s privacy standards.
It’s no longer enough just to have a password-protected database. Businesses must take reasonable security measures to prevent data breaches and unauthorized access to customer information.
Implementing encryption, access controls, and regular cybersecurity audits can help keep sensitive data safe. A business’s security plan should include employee training to prevent phishing attacks and insider threats.
Florida’s Digital Bill of Rights also touches on how businesses use AI and automated systems. If a company makes major decisions based on AI, such as hiring, credit approvals, or customer service interactions, it must notify consumers when these tools are used.
In some cases, consumers have the right to challenge automated decisions and request human review. This means businesses using AI must have clear policies for responding to customer concerns. Since AI regulations are still evolving, working with an experienced data protection lawyer can help businesses stay ahead of emerging compliance requirements and avoid legal risks.
Privacy laws are only effective if businesses actually follow through on consumer requests. Florida requires businesses to respond to consumer data requests within a reasonable time. Ignoring or delaying requests could lead to compliance issues or penalties.
It’s important for businesses to train staff, create a standardized process for handling data requests, and ensure they can meet the legal requirements for response times.
At Uncommon Counsel, we help businesses understand their privacy obligations, update their policies, and create strong compliance strategies. If you need to assess your current privacy policy, establish processes for handling consumer data, or respond to a consumer data request, our team is here to help.
Every business has unique data privacy concerns, and a one-size-fits-all approach doesn’t work. Working with a data protection lawyer who focuses on data privacy ensures that your policies and security measures are tailored to your industry and risk level.
If you need guidance on Florida’s Digital Bill of Rights, Uncommon Counsel can help your business stay compliant and avoid unnecessary risks.
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