A common misconception that we run into with our Florida-based limited liability company (LLC) and corporation (Inc.) clients is their belief that they only need to be compliant with Florida’s privacy laws. As a friendly reminder, businesses should be compliant with privacy laws in all locations (states and countries) where they do business (e.g., target and/or maintain customers). For many sales-based businesses with active websites, this means all 50 states. Given the recent domino effect of states adopting privacy laws, this post examines which states have currently enacted privacy laws that may be applicable to your business.
As of date of publication, the following states have enacted [comprehensive] privacy laws that are currently active:
- California – California Consumer Privacy Act; California Privacy Rights Act
- Colorado – Colorado Privacy Act
- Connecticut – Connecticut Data Privacy Act
- Utah – Utah Consumer Privacy Act
- Virginia – Virginia Consumer Data Protection Act
The following states have enacted [comprehensive] privacy laws that will go into effect in the near future:
- Indiana – Indiana Consumer Data Protection Act (2023; Effective January 1, 2026)
- Iowa – Iowa Consumer Data Protection Act (2023; Effective January 1, 2025)
- Montana – Montana Consumer Data Privacy Act (2023; Effective October 1, 2024)
- Tennessee – Tennessee Information Protection Act (2023; Effective July 1, 2024)
- Texas – Texas Data Privacy and Security Act (2023 passed by both chambers of legislature, but not yet signed by the governor; Effective January 1, 2025)
For reasons discussed in our blog titled Does Florida’s New Digital Bill of Rights Apply to Your Business?, I would not consider Florida’s newest privacy law to be “comprehensive” unless your business fits the narrow definition of a data “controller” or “processor” as defined therein, but note that it goes into effect on July 1, 2024.
Where are your businesses’ customers located?
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Author: Josh Roberts
Email: josh@joshrobertslaw.com
Josh Roberts is a business and litigation attorney at Roberts Law, PLLC with over a decade of BigLaw and in-house technology experience helping businesses and business owners navigate contracts, privacy concerns, negotiations, and dispute resolutions.
Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction or the jurisdiction applicable to your issue/matter. No information contained in this post should be construed as legal advice from Roberts Law, PLLC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
