Material Applicability

The FDPA's material scope is defined through several key factors that determine which entities and processing activities fall under the law's requirements:

Sale of Personal Data and Processing Activities

FDPA Sec.501.703(1):

"This part applies only to a person who: (a) Conducts business in this state or produces a product or service used by residents of this state; and (b) Processes or engages in the sale of personal data."

The law applies to entities that either process personal data or engage in its sale, making data processing activities a fundamental criterion for applicability.

Exempted Entities and Activities

Several categories of entities and activities are explicitly exempt from the FDPA's scope:

Government Entities

FDPA Sec.501.703(2)(a):

"This part does not apply to any of the following: (a) A state agency or a political subdivision of the state."

Regulated Sectors

FDPA Sec.501.703(2)(b-c):

"This part does not apply to any of the following: (b) A financial institution or data subject to Title V, Gramm-Leach-Bliley Act (c) A covered entity or business associate governed by the privacy, security, and breach notification regulations issued by the United States Department of Health and Human Services, 45 C.F.R. parts 160 and 164"

Non-Profit and Educational Institutions

FDPA Sec.501.703(2)(d-e):

"This part does not apply to any of the following: (d) A nonprofit organization (e) A postsecondary education institution"

Personal and Advertising Activities

FDPA Sec.501.703(2)(f):

*"This part does not apply to any of the following: (f) The processing of personal data:

1. By a person in the course of a purely personal or household activity
2. Solely for measuring or reporting advertising performance, reach, or frequency"*

Territorial Applicability

The FDPA's territorial scope is determined by two main factors:

Business Presence and Service Provision

FDPA Sec.501.703(1)(a):

"This part applies only to a person who: (a) Conducts business in this state or produces a product or service used by residents of this state"

The law applies to entities that either:

• Conduct business within Florida
• Produce products or services used by Florida residents