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Navigating Florida's Digital Bill of Rights (FDBR): Essential Insights

In this infographic, you will learn:

  • Scope, applicability and exemptions under FDBR,
  • Key definitions and organizational obligations,
  • Data subject rights and enforcement authority,
  • How to operationalize FDBR.

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On June 6, 2023, Florida Governor Ron DeSantis signed Senate Bill 262 into law, enacting Florida’s Digital Bill of Rights (FDBR). The bill, effective July 1, 2024, applies to entities that conduct business in Florida, provide products/services used by Florida residents, or process or sell personal data.

FDBR outlines several obligations for organizations, such as data minimization and purpose limitation, non-discrimination, security measures, consent requirements and privacy notice requirements, and conducting data protection assessments, requirements for controllers operating search engines, among several other requirements. It also gives data subjects rights, such as access, confirm, correct, delete, obtain a copy, and opt-out.

Additionally, the FDBR imposes specific restrictions on selling children’s data and using sensitive personal data. It signals Florida's commitment to aligning with the growing national and global focus on robust data privacy standards while introducing compliance obligations for businesses operating within the state.

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FDBR

Frequently Asked Questions

Florida's Digital Bill of Rights (FDBR) is the state’s data privacy law. It applies to entities that conduct business in Florida, provide products or services used by Florida residents, or process or sell personal data.

The Florida Department of Legal Affairs (DLA) is the regulatory authority responsible for enforcing the law. If the DLA has reason to believe that a person is in violation of the FDBR, the department may notify the person of the violation. It may bring an action against such a person for an unfair or deceptive act or practice.

Violations of the FDBR are considered unfair and deceptive trade practices enforceable exclusively by the DLA, which can impose civil penalties of up to $50,000 per violation.

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