Lowndes attorney Drew Sorrell discusses how House Bill 969 in the Florida Legislature will affect the way businesses handle consumer data.
As of this writing, the Florida Legislature is poised to enact House Bill 969 (2021), which will fundamentally affect consumer data privacy rights in Florida. Governor DeSantis has expressed his support for the new legislation that he supposes is aimed at “Big Tech” companies but that in actuality will likely sweep small and midsized companies into its coverage at great expense. Should he sign the bill, Florida will move closer to California in its treatment of consumer data privacy.
Strikingly similar to California’s Consumer Privacy Act or CCPA (now the California Consumer Privacy Rights Act or CCPRA), HB 969 will apply to for-profit businesses doing business in Florida that collect “personal information”1, about consumers, and meet one of the following three thresholds:
- Global gross revenues in excess of $25 million dollars (adjusted periodically for CPI);
- Deals in2 the information of 50,000 or more consumers, households or devices; or,
- Derives 50% or more of its global revenues from selling or sharing personal information about consumers.
While the first two somewhat suggest only larger businesses will be affected, the third factor could quite easily sweep in much smaller technology and data business.3,4 Note, too, that the bill’s definition of a business includes several factors that pull related businesses into the analysis of whether any given “business” meets the thresholds. Given that the first 16 pages of the 37-page bill consist of definitions, this is only a brief summary of the bill’s workings. [Read more]
This is an excerpt from a blog post originally written on Lowndes Tech.
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