A Business-First Approach To The Practice Of Law

What does the new FDBR mean for your business?

On Behalf of | Oct 3, 2023 | Business Law |

Now that consumers know how valuable their data is, they want more control over how businesses use and access it. As a result, several countries and states in the United States have enacted laws that grant consumers certain rights over their data. Just this year, Florida followed suit with the Florida Digital Bill of Rights (FBDR).

Does the FDBR apply to your business?

Compared to other data privacy laws in the U.S., the FDBR’s definition of a controller limits its scope to larger tech companies in Florida and their data collection and management practices. Your organization may qualify as a controller if:

  1. It does business in Florida or provides a product or service to Florida residents,
  2. It generates over $1 billion in annual gross revenue,
  3. It processes or sells personal data and;
  4. It either earns 50% of its global gross revenue from selling online ads, runs a consumer smart speaker and voice command component service or has an app store or digital distribution platform that provides at least 250,000 different software applications.

Entities that control or are controlled by a controller are also considered controllers.

How can your business apply the FDBR?

Fortunately, many of the FDBR’s standards are comparable to those of existing data privacy laws, which may assist with compliance. It requires controllers to grant consumers rights over their data, including the ability to access, correct, delete and more.

Additionally, controllers must allow consumers to opt out of specific data uses, such as targeted advertising, profiling or sales.

What if your business is not a controller?

It is important to note that even if a business does not fall under the criteria of a “controller,” it cannot sell any consumer’s sensitive personal data without first obtaining consent.

Moreover, all businesses may still find the FDBR valuable for upgrading their consumer data collecting and management processes. As numerous companies have shown, failing to safeguard consumer personal data and its exploitation can result in serious consequences for a business.

Founding Partners Damaso W. Saavedra and Allyson D. Goodwin