If your website or online business services Florida residents, then you might have heard about a new consumer privacy legislation that’s similar to the California Consumer Privacy Act (CCPA). But, Florida’s version of the act is different in some respects. There are some important points to take note of to ensure your customer’s privacy is protected.
What Consumer Privacy Legislation Is Being Proposed
The proposed legislation will require the owner of a website or online service to provide their consumers with a notice on how their personal information gets collected. They must also give customers the opportunity to opt-out of their details getting sold to third parties.
What Businesses Does the Act Apply To?
The act will apply to any operator of a website or online service that:
- Owns it for commercial purposes
- Collects and maintains personal information from customers who live in Florida
- Executes a transaction or engages in any activity with Florida its residents
The operators that are exempt from the act are:
- Third parties that host a website on behalf of an operator
- GLBA and HIPAA-regulated entities
- Motor vehicle manufacturers/repairers under certain circumstances
- Operators located in Florida
- If their primary revenue doesn’t come from selling or leasing goods, services, and credit
- Fewer than 20,000 unique visitors visit the site per year
If you’re already compliant with the consumer privacy laws in California, Nevada, and Delaware, then you may not need to update your policy. Unless you collect information from Florida residents differently.
If you’re not compliant with these data privacy laws, then you may need to provide a notice that includes the categories of information that you collect and the types of third parties their details will get shared with.
Additionally, you will need to describe the process for a consumer to review and request changes to their personal information and detail how consumers get notified of changes to the policy.
You will also have to disclose whether a third party will collect consumer online activities over time, across different websites or online services when they use your site.
What Are the Penalties If You Don’t Comply?
The Florida Attorney General’s office is expected to enforce the proposed act. Operators will be notified of a violation and given 30 days to correct the issue. Penalties may also be issued up to $5000 per violation.
Where Can You Find Out More Information?
Are you struggling to make sense of consumer privacy laws? Then you should get in touch with one of our business attorneys who can explain how the proposed changes may impact your company. They will also provide advice on how to protect your assets and ensure that any policies you put in place don’t result in a messy lawsuit. Get in touch today to better understand what you need to do to protect your company and your consumer’s privacy.