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Utilize A PEO When Navigating The Florida Digital Bill Of Rights

In an era marked by increasing concerns over data privacy and security, Florida has taken a bold step forward. Governor Ron DeSantis recently signed a data protection bill that promises to reshape how organizations conduct business in the state. The Florida Digital Bill of Rights (FDBR), signed on June 6th and set to take effect on July 1st, 2024, introduces a range of unique provisions that significantly impact privacy compliance efforts for businesses operating in the Sunshine State. Let’s look at the details and explore why this legislation is capturing the attention of organizations nationwide.

Targeting Large Technology And Advertising Companies

The FDBR is drawing attention by targeting large technology and advertising companies as data controllers. To qualify as a data controller under the bill, an organization must have $1 billion in global gross revenue and satisfy specific criteria. These criteria include the following:

  • Deriving 50% of global gross revenue from the sale of online advertisements 
  • Operating a consumer smart speaker and voice command service
  • Managing an app store or digital distribution platform with a substantial number of software applications 

By focusing on these entities, the FDBR aims to regulate the practices of major players in the digital world. 

Compliance Implications For Processors And Third-Parties

While the FDBR primarily aims at data controllers, it does not exclude compliance implications for other entities. Processors and third parties, which do not meet the data controller criteria, still have responsibilities and obligations under the legislation. These entities must be mindful of data processing activities on behalf of data controllers and handling personal data received in a third-party capacity, even if they don’t meet the data controller threshold. This ensures a comprehensive approach to data protection across various actors involved in data processing.

Robust Data Privacy Rights For Florida Consumers

The FDBR places significant emphasis on empowering consumers with robust data privacy rights. Florida residents will have access to key rights, including the ability to confirm whether a data controller is processing their data, correct inaccurate information, request deletion of personal data, and exercise data portability rights. In addition, the bill grants opt-out rights related to the sale of personal information, targeted marketing, profiling, and the collection of sensitive data and personal data through voice recognition features. By providing consumers with these rights, the FDBR aims to enhance transparency, control, and consent in data processing activities.

Processes For Privacy Rights And Consent

The FDBR lays out clear processes for data controllers to receive, process, and respond to individuals exercising their privacy rights. It establishes a privacy rights appeals process to ensure consumers can effectively exercise their rights and seek recourse if necessary. Furthermore, the bill mandates that data controllers must obtain explicit consent from consumers before using personal data for purposes beyond those reasonably necessary or compatible with the original disclosed purpose, processing sensitive personal data, or enrolling consumers in certain financial incentive programs. These provisions reinforce the importance of informed and meaningful consent in data processing activities.

Prohibition Of Dark Patterns And Sale Of Sensitive Data

Aligning with best practices in data privacy, the FDBR explicitly prohibits using “dark patterns.” While the term is not precisely defined, the bill clarifies that consent cannot be obtained by accepting broad terms of use or through deceptive design elements such as hovering over, muting, pausing, or closing content. Moreover, the FDBR imposes restrictions on for-profit entities that collect personal data, prohibiting the sale of a consumer’s sensitive data without obtaining the consumer’s consent. These provisions aim to safeguard individuals from manipulative practices and reinforce the importance of respecting consumer choices.

Stringent Data Breach Notification Requirements

Recognizing the gravity of data breaches, the FDBR includes stringent requirements for organizations to notify affected individuals and relevant authorities in the event of a breach. This proactive approach to data breach notifications aims to minimize potential harm and empower individuals to take appropriate action. Organizations must develop robust incident response plans to swiftly and effectively address breaches while complying with the law’s notification obligations.

Ensure You Remain Compliant 

Complying with Florida’s new data protection law is not just an option but a necessity for businesses operating in the state. The FDBR has a robust enforcement framework designed to ensure adherence to the legislation’s provisions. As data controllers, businesses must undertake data impact assessments and be prepared to provide them upon request by the Florida attorney general. The FDBR grants exclusive enforcement authority to the state’s Department of Legal Affairs, which treats violations of the FDBR as unfair and deceptive trade practices.

Civil penalties of up to $50,000 per violation can be imposed, making it crucial for businesses to prioritize compliance. While the law does not create a private right of action, it does include a 45-day cure period that allows businesses to correct any compliance issues before facing enforcement action. By proactively complying with the FDBR, companies can mitigate the risk of penalties, protect their reputation, and demonstrate their commitment to safeguarding consumer data and privacy.

Partner With GMS Today!

Navigating the complexities of the FDBR and ensuring compliance with its provisions can be challenging for small business owners in Florida. Have you considered partnering with a professional employer organization (PEO)? A PEO like Group Management Services (GMS), offers comprehensive HR solutions, including expert guidance on data protection and privacy compliance. Our experts understand the complexities of regulations such as the FDBR and can help business owners implement necessary policies and procedures and develop robust data protection measures.

When you partner with GMS, you can streamline your compliance efforts and focus on your core operations while meeting the stringent requirements of the FDBR. With the right PEO by your side, businesses can confidently navigate the changing landscape of data privacy and security, safeguarding their reputation and fostering trust with their customers in this digital age. Contact us today to learn more about how we can protect your business!