Legal Marketing

New FL Privacy Laws: Must-Knows for Attorneys

New FL Privacy Laws Must-Knows for Attorneys

At Local Legal Marketing, we strive to keep our valued attorney and law firm clients up to date with the latest developments in the legal landscape. Today, we want to shed light on the new privacy laws recently enacted in Florida. While these laws introduce some novel provisions, we believe that they are unlikely to significantly impact the majority of law firms, unless they fall into the category of large enterprises or engage in the sale of private information. In this article, we will provide a comprehensive overview of the law’s key points and reassure you about its limited impact on law firms for the foreseeable future.

Key TakeawaysFlorida's new data privacy laws and what it means for your legal firm

Here are the key takeaways regarding Florida’s new privacy laws:

1. The Digital Bill of Rights: Florida’s governor signed the Digital Bill of Rights into law on June 7, 2023, with an effective date of July 1, 2024.

2. Targeting Large Enterprises: The law primarily targets very large enterprises, applying to those with at least $1 billion in gross annual revenue and engaged in specific digital lines of business.

3. Selling Personal Data: All for-profit businesses operating in Florida that sell sensitive personal data of Florida consumers must comply with the law, regardless of their revenue threshold.

4. Unique Requirements: While many of the law’s requirements are modeled after Virginia’s privacy law, there are unique provisions related to consumer rights, privacy policy disclosures, and data obtained from consumers under the age of 18 that businesses need to pay special attention to.

5. Enforcement and Penalties: The Florida Attorney General has exclusive enforcement authority, and penalties can reach up to $150,000 for certain violations. However, the law provides a discretionary 45-day right to cure.

Example Scenario: Impact on a Law Firm

To illustrate the limited impact of Florida’s new privacy laws on law firms, let’s consider a fictional but realistic example. Suppose you run a successful law firm in Florida that primarily handles personal injury cases. As a law firm, your main focus is providing legal services to your clients, and you don’t engage in the sale of personal information or fall under the category of very large enterprises. In this case, the new privacy laws are unlikely to have a significant impact on your day-to-day operations and compliance requirements.

Frequently Asked Questionsdata security and your law firm

Q: How do the privacy laws in Florida differ from those in other states?

A: Florida’s privacy laws introduce some unique provisions that set them apart from laws in other states. While many state laws follow the model of Virginia or Connecticut, Florida takes a different approach. It targets large enterprises with a minimum revenue threshold of $1 billion and regulates specific digital lines of business. For law firms, unless they engage in selling private information or fall into the category of very large enterprises, the impact of these laws is expected to be limited.

Q: How should law firms prepare for the new privacy laws in Florida?

A: Based on the current provisions of the law, law firms, especially those not engaged in selling personal information, are not likely to face significant compliance burdens. However, it is always prudent to stay informed and periodically review your compliance programs. At Local Legal Marketing, we recommend keeping an eye on any updates or clarifications from the Florida Attorney General’s office to ensure you remain in line with the law.

Conclusion

Florida’s new privacy laws introduce some unique provisions that depart from existing state laws in the United States. However, for law firms, particularly those not involved in selling private information or falling under the category of large enterprises, the impact is expected to be limited. At Local Legal Marketing, we will continue to monitor developments in privacy laws across the country and provide timely updates to our valued attorney and law firm clients. If you have any further questions or concerns, please don’t hesitate to reach out to our team.

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