Data Privacy

We advise Florida businesses on the full range of data privacy and security matters, from building privacy programs from the ground up to responding to data breaches and regulatory investigations. Our focus is practical compliance that actually reduces risk, not documentation that sits in a drawer.

Every business that collects personal information, from customer email addresses to employee records to payment data, has legal obligations that most businesses do not fully understand until something goes wrong. We help businesses understand those obligations and build the infrastructure to meet them.

• Privacy Program Development: identifying data collection practices, mapping data flows, drafting policies and procedures, and creating the compliance framework that meets applicable legal requirements.
• Privacy Policy Drafting: drafting and reviewing privacy policies, cookie notices, and terms of service for websites and digital platforms to meet applicable privacy law requirements.
• Data Breach Response: managing the legal response to a breach, advising on notification obligations, coordinating with regulators, and navigating the legal exposure that follows a security incident.
• Vendor and Data Processing Agreements: drafting and reviewing data processing agreements, vendor contracts, and business associate agreements that protect the business when sharing personal data with third parties.
• Privacy Compliance Audits: reviewing data collection, storage, sharing, and security practices against applicable requirements and identifying gaps before they become problems.
• Regulatory Response: representing businesses in privacy regulatory investigations and enforcement proceedings, including FTC inquiries and state attorney general investigations.

Florida has enacted its own data privacy requirements, and the compliance obligations differ from other state privacy laws in important ways. We advise Florida businesses on compliance with the Florida Digital Bill of Rights and other applicable Florida privacy requirements, identifying obligations, drafting required disclosures, and building the opt-out mechanisms and consumer rights processes the law requires.

The Florida Digital Bill of Rights applies to businesses that meet specific revenue and data volume thresholds, but even businesses that fall below those thresholds have obligations under Florida's data breach notification law and other privacy-related requirements. We help businesses understand exactly what applies to them.

• Applicability assessment: determining which Florida privacy requirements apply to the specific business based on revenue, data volume, and data type.
• Consumer rights request processes: building the processes required to respond to consumer requests to access, delete, correct, and opt out of the sale of their personal data.
• Opt-out mechanisms: implementing the required opt-out of sale and targeted advertising mechanisms for businesses subject to the Florida Digital Bill of Rights.
• Data protection assessments: conducting the assessments required before engaging in high-risk processing activities under Florida law.

When a data breach occurs, the legal response has to move quickly. Florida's Information Protection Act requires notification to affected individuals within 30 days of determining a breach occurred, and federal sector-specific laws impose their own notification timelines and requirements. Missing a notification deadline or notifying the wrong parties in the wrong order creates additional legal exposure on top of the breach itself.

We manage the legal response to data breaches, advising on breach notification obligations under Florida and federal law, coordinating notifications to affected individuals and regulators, and helping businesses navigate the regulatory and litigation exposure that follows a security incident.

• Breach assessment: determining whether a security incident triggers notification obligations under Florida and applicable federal law.
• Notification drafting and coordination: drafting required notifications to affected individuals, regulators, and law enforcement, and managing the notification timeline.
• Regulatory response: responding to state attorney general inquiries and other regulatory actions that follow a data breach.
• Post-breach remediation: advising on the legal and operational steps required to address the breach and reduce the risk of future incidents.

Every business with a website or digital platform has privacy and data compliance obligations, including privacy policies, cookie consent, tracking disclosures, and the terms of service that define the relationship with users. Most businesses have privacy policies that do not accurately reflect their actual data practices, which creates its own legal exposure when the policy and the practice diverge.

We advise businesses on the privacy and data compliance obligations that apply to their websites and digital platforms, drafting and reviewing the policies and agreements that govern how the business collects, uses, and shares personal information online.

• Privacy policy drafting and review: ensuring the policy accurately reflects the business's data practices and meets the requirements of applicable privacy law.
• Cookie consent and tracking compliance: implementing the consent mechanisms and disclosures required for cookie-based tracking and behavioral advertising.
• Terms of service drafting: defining the terms of the relationship between the business and its users, including data use rights, limitation of liability, and dispute resolution.
• Children's online privacy (COPPA): advising businesses whose platforms may be accessed by children on the additional requirements that apply under federal law.

Privacy compliance does not have to be overwhelming, but it does have to be accurate. Most businesses need practical guidance on what the law actually requires for their specific situation, not a generic privacy policy template that does not reflect how the business actually operates.

Pomeranz Law provides practical, business-focused privacy counsel that helps Florida businesses understand their obligations, build the programs to meet them, and respond effectively when something goes wrong.

• We advise on what the law actually requires for your specific business, not a generic checklist that may not apply.
• We draft privacy policies and data agreements that reflect how the business actually collects and uses data.
• We respond quickly when a breach occurs: because the notification clock starts running immediately.
• Transparent, practical counsel without the overhead of a large firm.