The Texas Data Privacy and Security Act: An Essential Guide

Unraveling the intricacies of new legislation can feel like trying to solve a Rubik’s cube blindfolded. But fear not. As your trusted web experts, we’re here to decipher the Texas Data Privacy and Security Act (TDPSA) –  law set to go into effect on July 1, 2024.

Compliance – Who’s in the Frame?

The TDPSA isn’t limited to businesses within the Lone Star State. If your cooperative or organization processes or engages in the sale of personal data tied to Texas residents – regardless of your geographical location – the TDPSA applies to you. There’s a caveat: nonprofits and small businesses (as defined by the US Small Business Administration) are largely exempt, barring the sale of sensitive personal data, which still requires prior consumer consent (obviously most cooperatives and broadband providers would not fall into the small business definition by the SBA).

Personal Data – A Closer Look

The TDPSA considers personal data as “any information that is linked or reasonably linkable to an identified or identifiable individual.” So, yes, those seemingly innocent bits of information, such as names, email addresses, and IP addresses, are all considered personal data under this new law.

New Rights for Texas Residents

The TDPSA provides Texas residents with an array of new privacy rights, ranging from data access and correction, to opting out of targeted advertising and the sale of personal data. And businesses need to be quick on the draw – you’ve got a maximum of 45 days to respond to consumer privacy requests.

Updating Your Privacy Policy

Your privacy policy may need a refresh to align with the TDPSA (especially for the utility organizations located in Texas). It must detail the categories of personal data processed, the purpose for processing, the means by which consumers can exercise their rights, data-sharing specifics, and any selling of sensitive personal data.

Penalties – The Price of Non-compliance

Take heed, the penalties for non-compliance are hefty. If you run afoul of the TDPSA, the Texas Attorney General can issue a civil penalty of up to $7,500 per violation. And these violations can accumulate quickly, making non-compliance a costly error.

The Powerful Web Team is Here for You

At Powerful, we’re monitoring this legislation, and others like California’s, diligently. We’re committed to guiding you through the complex labyrinth of privacy laws and helping you craft meaningful, humanized digital engagements. Our mantra is simple: putting people first.

While this guide focuses on the TDPSA, it’s essential to remember that other states are actively crafting their own privacy regulations. We’re monitoring those as well to ensure you stay updated and compliant.

If you still find yourself in a whirl of confusion, we’re here to assist. Reach out, and let’s create a data privacy strategy that’s refreshingly different, remarkably effective, and recognizably powerful. Because when it comes to data privacy, Powerful has your back.