Code/Regulations
- Texas Data Privacy and Security Act (TDPSA)
- Code: Tex. Bus. & Com. § 11-C-541 (2023)
Effective Date: July 1, 2024
Details
Threshold
Applies to persons that:
(1) Conduct business in Texas or produces a product or service consumed by residents of Texas;
(2) Processes or engages in the sale of personal data; AND
(3) Is not a small business as defined by the United States Small Business Administration (SBA)
Definition of "Personal Data"
Any information, including sensitive data, that is linked or reasonably linkable to an identified or identifiable individual. The term does not include deidentified data or publicly available information. Personal data does not include data from people acting in an employment or commercial context.
Definition of "Sale"
Sharing, disclosing, or transferring of personal data for monetary or other valuable consideration by the controller to a third party
Data-Protection Assessments
Required for targeted advertising, sale, sensitive data, certain profiling
Opt-In Consent Required for Processing Sensitive Data
Consumer Rights to Confirm Processing, Request Access, Correction, Deletion & Portability
Yes
Consumer Right to Opt Out of Sale
Yes
Consumer Right to Opt Out of Targeted Ads/Sharing
Yes
Consumer Right to Opt Out of Profiling
Yes
Pseudonymous Data Exempt from Consumer Requests
Yes
Appeal Rights
Yes
Universal Opt-Out Mechanism Required Recognition/Date
Yes (January 1, 2025)
Data of Minors
Process personal data of a known child in accordance with COPPA
GLBA Exemption
Yes (both entity-level and data-level)
HIPAA Exemption
Yes (entity-level)
Applies/Does Not Apply to Personal Information in a Commercial or Employment Context
Does not apply to commercial or employment context; applies in an individual or household context
Nonprofit Exemption
Yes
Private Right of Action
No
Cure Period
30 Days
Cure Period Expiration
None
Enforcement Authority/Damages
Attorney General/up to $7,500 per violation
Disclaimer: States may periodically amend their laws and regulations and such amendments may affect or modify certain legal requirements or compliance obligations. There is no guarantee that this research is up to date as laws and regulations in the state consumer data privacy space continue to evolve. You should consult an attorney to assess the applicability of any existing, new, or proposed state consumer data privacy laws. By accessing this site, you acknowledge your understanding that the underlying content is not a replacement for legal counsel and does not constitute legal advice.