Texas Data Privacy and Security Act – Compliance Guide
The TDPSA takes effect on January 1, 2025. If your business collects personal data from Texas residents, you may need to comply. This page explains the basics in plain English.
Applies broadly to businesses processing personal data of Texas residents; certain entities (e.g., government bodies) may be exempt.
🎯 Who Must Comply
- Businesses that process personal data of Texas residents
- Organizations offering goods or services to Texas residents
- Processors handling data on behalf of controllers (via contract)
Common Exemptions:
- State agencies and political subdivisions
- Entities or data covered by federal sectoral laws (e.g., HIPAA, GLBA) in their regulated contexts
📋 Key Requirements
- Publish a clear privacy notice describing categories of data, purposes, and consumer rights
- Provide consumer rights: access, correction, deletion, portability
- Offer opt-out for targeted advertising, sale of personal data, and certain profiling
- Obtain consent before processing sensitive data (e.g., precise geolocation, children's data)
- Execute data processing agreements with service providers (processors)
⚠️ Penalties & Enforcement
- Enforcing Authority: Texas Attorney General
- Penalty Range: Up to $7,500 per violation
- Cure Period: A cure period may be available; check current AG guidance.
✅ How to Prepare for Texas Compliance
- Map data you collect, why you collect it, and who you share it with
- Update your privacy policy with Texas-specific disclosures
- Implement a user-friendly method to submit rights requests
- Enable cookie/consent controls for targeted advertising
- Review vendor contracts and add data processing clauses
💡 Pro Tip: Start with steps 1-3 to cover 80% of compliance requirements quickly.
📅 Texas Privacy Law Timeline
🚨 NOW - Before January 1, 2025
Implement privacy policy, cookie consent, and basic data handling procedures.
📋 January 1, 2025 - Law Goes Live
Full compliance required. Enforcement may begin immediately.
✅ Ongoing - Stay Compliant
Monitor for updates, handle user requests, maintain documentation.
❓ Common Texas Privacy Law Questions
Do I need to comply if I don't have customers in Texas?
If your website receives any visitors from Texas, you may need to comply. This includes people who visit your site while traveling, working remotely, or just browsing online.
What counts as "personal data" under TDPSA?
Personal data typically includes email addresses, IP addresses, location data, cookies/tracking IDs, and any information that can identify a person directly or indirectly.
How much will compliance cost for a small business?
Basic compliance (privacy policy + cookie banner + user rights) typically costs $20-100/month using automated tools. Compare this to potential fines of Up to $7,500 per violation.
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