For years, companies not impacted by the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) have been sitting pretty, but the times are changing. With Florida’s proposed legislation HB969 Consumer Data Privacy already green-lighted by Governor DeSantis, it’s got a much better chance of passing than previously rejected incarnations. Time will tell whether the bill passes as currently drafted, or is amended or scrapped altogether, but below are the highlights of the proposed legislation, who needs to worry about it, and what you should be doing now to prepare.
As currently drafted, the legislation applies to any for-profit entities doing business in Florida that collect or otherwise control consumer personal information that meet any one of the following criteria:
Also, if your business is under the common control and branding of an entity that meets any of the above criteria, HB969 would apply to you, too.
There is no time like the present to begin implementing processes and procedures that will keep you compliant with whatever privacy legislation gets implemented in your state.
This is particularly true in the case of Florida’s proposed bill, which would give consumers a private right of action, individually and as a class action, against data breaches, a relatively unique feature among state privacy laws. You can just picture the “Data Breach? Call ###-####” billboards lining the highways now…
This blog was written by Hunter Business Law Attorney Haley Lemon.
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