Preparing for the Florida Digital Bill of Rights: What Companies Need to Know and Do Now

The Florida Digital Bill of Rights, set to go into effect on July 1, 2024, is causing a stir among businesses, especially large technology companies operating in the state. This comprehensive data privacy law targets entities that heavily rely on online advertising, operate online app stores with a significant number of apps, utilize smart speakers connected to the cloud, and have over $1 billion in revenue in Florida.

The law aims to give consumers more control over their personal information and hold businesses accountable for responsible data-handling practices. While initially targeting Big Tech companies, the implications of the Florida Digital Bill of Rights extend to the broader Florida business community. Companies are urged to re-evaluate their data practices, particularly concerning minors, and adopt agile frameworks to navigate the evolving regulatory landscape.

To comply with the new law, businesses collecting personal information from Florida residents should take several steps, including identifying the data they collect, understanding how it is used, crafting clear privacy notices, obtaining consent for sensitive data, implementing strong safeguards, establishing processes for rights requests, setting data retention limits, and reviewing agreements with data processors.

Jeffrey Bernstein, director of cybersecurity and data privacy at Kaufman Rossin, emphasizes the importance of data privacy and protection in today’s digital age. Companies must not only focus on data security but also understand the data they collect, why they collect it, how they use it, and how they protect it. The Florida Digital Bill of Rights sets a standard for data privacy that Florida residents and businesses will increasingly expect in the future.