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

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.