CCPA vs GDPR: What Florida Businesses Need to Know

Laila Archer, CIPP/US

Privacy Law Attorney

January 8, 2025

Florida businesses increasingly find themselves navigating a complex web of privacy regulations, even when they have no physical presence in California or Europe. The California Consumer Privacy Act (CCPA) and the European Union's General Data Protection Regulation (GDPR) represent two major privacy frameworks that can apply to companies based anywhere, including right here in Florida. Understanding these laws and their differences is essential for compliance and avoiding substantial penalties.

When Do These Laws Apply to Florida Businesses?

The first question many Florida business owners ask is whether they need to worry about California or European privacy laws at all. The answer depends on your business activities and who your customers are.

The CCPA applies to for-profit businesses that collect personal information from California residents and meet certain thresholds: annual gross revenues exceeding $25 million, or handling personal information of 100,000 or more California consumers or households, or deriving 50% or more of annual revenue from selling or sharing California residents' personal information. If your Florida company has an e-commerce site, mobile app, or otherwise serves California customers, you may be subject to CCPA regardless of where your headquarters sits.

Similarly, GDPR applies to organizations that offer goods or services to individuals in the European Union or monitor the behavior of EU residents, regardless of where the organization is established. A Florida tourism company marketing to European travelers or a SaaS company with EU customers could trigger GDPR requirements even with no European office.

Fundamental Differences in Approach

While both laws aim to protect personal data, they take meaningfully different approaches. GDPR is a comprehensive regulation with a broad definition of personal data and strict requirements for lawful processing. It requires organizations to identify a legal basis for processing before collecting data, with consent being just one of several possible bases.

The CCPA and its successor, the California Privacy Rights Act (CPRA), take a consumer rights-focused approach. Rather than requiring specific legal bases for data collection, these laws grant California consumers specific rights to know what data companies collect, delete their data, opt out of sales, and opt out of sharing for cross-context behavioral advertising. The laws emphasize transparency and consumer control over data.

Key Rights Comparison

Under GDPR, individuals have rights including access to their data, rectification of inaccurate data, erasure (the right to be forgotten), restriction of processing, data portability, and objection to processing. These rights are relatively broad and apply in various circumstances depending on the legal basis for processing.

CCPA provides California consumers rights to know what personal information businesses collect, the right to delete personal information, the right to opt out of sales of personal information, the right to opt out of sharing for cross-context behavioral advertising, the right to correct inaccurate information, and the right to limit use of sensitive personal information. Unlike GDPR, CCPA does not require opt-in consent for most data collection but instead provides opt-out rights for specific uses.

Consent and Notice Requirements

GDPR requires affirmative, freely given consent for many types of processing, particularly for special categories of data like health information or data about children. Consent must be specific, informed, and unambiguous. Pre-checked boxes and consent bundled with terms of service typically do not satisfy GDPR requirements.

CCPA focuses less on obtaining consent upfront and more on providing notice and honoring consumer requests. Businesses must provide privacy notices describing data collection practices and make opt-out mechanisms readily available. For consumers under 16, CCPA does require opt-in consent for sales of personal information, creating a consent requirement for this specific use case.

Definitions and Scope

The laws define key terms differently. GDPR's definition of personal data is expansive, covering any information relating to an identified or identifiable person. The CCPA defines personal information as information that identifies, relates to, describes, or could reasonably be linked with a particular consumer or household.

GDPR applies to both controllers (entities determining purposes and means of processing) and processors (entities processing data on behalf of controllers), with distinct obligations for each. CCPA primarily regulates businesses that determine purposes and means of processing, though it also imposes contractual requirements on service providers and contractors.

Data Subject Requests

Both laws require businesses to respond to individual requests regarding their data, but with different timelines and requirements. GDPR requires responses to data subject requests within one month, extendable by two additional months for complex requests. CCPA requires responses within 45 days, extendable by an additional 45 days when necessary.

GDPR allows businesses to charge reasonable fees for manifestly unfounded or excessive requests, particularly repetitive requests. CCPA prohibits charging fees for up to two requests per consumer within a 12-month period but allows fees for additional requests.

Penalties and Enforcement

The consequences for non-compliance differ significantly. GDPR violations can result in administrative fines up to 20 million euros or 4% of annual global turnover, whichever is higher. EU data protection authorities have shown willingness to impose substantial penalties, with fines exceeding 100 million euros in several cases.

CCPA enforcement by the California Attorney General can result in civil penalties up to $2,500 per violation or $7,500 per intentional violation. Additionally, CCPA provides a private right of action for data breaches involving specific categories of unencrypted or unredacted personal information, with statutory damages of $100 to $750 per consumer per incident. While individual penalties may be smaller than GDPR, they can accumulate rapidly across multiple violations or affected consumers.

Practical Compliance Considerations for Florida Businesses

If your Florida business may be subject to either or both laws, consider these practical steps. First, assess whether you actually fall within scope by analyzing your customer base, revenue sources, and data processing activities. Many businesses assume they are too small to be covered, only to discover they meet thresholds through e-commerce or digital advertising activities.

Second, inventory what personal data you collect, where it comes from, how you use it, and who you share it with. This data mapping exercise is fundamental to compliance with both laws and helps identify compliance gaps.

Third, update your privacy notices to accurately describe your data practices and provide required information. GDPR and CCPA have specific notice content requirements that often exceed what general privacy policies include.

Fourth, implement processes for handling consumer requests. You will need systems to verify identities, search for requested data across your organization, and fulfill deletion, correction, or data portability requests within required timeframes.

Finally, review vendor contracts to ensure they include required data protection terms. Both GDPR and CCPA impose obligations regarding third-party data processors and service providers.

Looking Ahead

Privacy regulation continues to evolve rapidly. Multiple US states have passed comprehensive privacy laws with varying requirements and effective dates. While Florida has not yet enacted a comprehensive privacy law, that could change, and federal legislation remains under discussion.

For Florida businesses, understanding CCPA and GDPR provides a foundation for navigating the broader privacy landscape. Companies that build robust privacy programs addressing these major frameworks will be better positioned to comply with future regulations and meet growing consumer expectations for data protection.