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Texas’s Data Privacy and Security Act (TDPSA)

Last Updated on June 25, 2024

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Texas’s Data Privacy and Security Act (TDPSA) was enacted on 18 June 2023 and is expected to come into effect on 1 July 2024. Thus, Texas officially became the 11th state in the US to have a comprehensive regulation on data privacy.

The TDPSA contains all the necessary provisions to ensure all consumers and their personal data are afforded appropriate protection while also being flexible enough for businesses to continue their operations without a major overhaul of their data management practices being necessary.

The law applies to all entities that conduct business in Texas or produce products or services specifically catering to Texas residents, engage in the sale of personal data. The law does not apply to small businesses as defined by the United States Small Business Administration unless you engage in the sale of sensitive data without the consent of the consumer. Key obligations for organizations subject to the TDPSA include data minimization, protection for sensitive data, transparent privacy notice, and thorough and regular data protection assessments.


The Solution

Securiti empowers organizations to ensure compliance with each provision of Texas’ Data Privacy and Security Act (TDPSA) with its plethora of products, which include, but are not limited to, AI-driven data discovery, DSR automation, universal consent management, autonomous documented accountability, data breach management, and vendor risk assessment.
Each of the solutions mentioned above is backed up by state-of-the-art artificial intelligence and machine-learning-based algorithms, making Securiti a market leader in providing data compliance and governance solutions.

Panama’s PDPL Solutiion

Request a demo today to learn how Securiti can help you and your organization comply with Texas’ TDPSA.


Readiness Assessment

TDPSA Provisions

Automate regular internal assessments of various internal data-related activities and mechanisms to evaluate their effectiveness and make appropriate adjustments with our collaborative, multi-regulation, readiness assessment system per TDPSA requirements.

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Texas

Auto Compliance Management

TDPSA Provisions

Automate compliance with TDPSA using Securiti common controls and tests.

Privacy Notice Management

Section(s): 541.102

Automate the generation and regular refresh of a privacy policy that adequately informs the users about your organization's data processing practices while being fully compliant with all applicable provisions of law with pre-built templates in compliance with the TDPSA.

Privacy Notice Management
Universal Consent Management

Universal Consent Management

Section(s): 541.005, 541.101(b)(1), 541.101(b)(4), 541.107

Ensure compliance with the TDPSA’s consent-related provisions across all major data processing activities by monitoring users' consent status via a central dashboard. Doing so allows organizations to prevent any processing or potential transfer, sharing, or selling of data to third parties unless explicitly consented to by the users.

Cookie Consent Management

Section(s): 541.051(b)(5), 541.101(b)(1), 541.101(b)(4), 541.103, 541.107

Automate your organization's entire cookie consent management to ensure all cookies used across the data infrastructure comply with the legal requirements. Additionally, scan your website to classify cookies, deploy customized consent collection points, and link consent to individual users.

Cookie Consent
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Sensitive Data Intelligence

Section(s): 541.001(3), 541.001(12), 541.001(14), 541.001(19), 541.001(21), 541.001(25), 541.001(26), 541.001(27), 541.001(29)

Leverage dedicated data mapping, classification, and cataloging modules to ensure you gain real-time insights related to your organization’s entire personal and sensitive data infrastructure via visualization of data sprawl.

Data Mapping Automation

Section(s): 541.052(f)(1), 541.101, 541.103, 541.104

Trace, classify & label data within your organization's data infrastructure to ensure appropriate security controls are enabled on the most sensitive data in your organization. Leverage the same module to identify sensitive files such as consent forms and financial statements and record them under appropriate categories.

Data mapping
DSR

Data Subject Rights Fulfillments

Section(s): 541.051, 541.052, 541.053, 541.054, 541.055

Automate the entire process related to fulfilling consumer data rights-related requests with customized web forms and DSR request verification to gain real-time updates on the status of each request via the central dashboard.

Data Breach Management

Section(s): 541.104(a)(2)

Track, manage, and mitigate potential data security incidents while automating data breach response notifications to all affected stakeholders as soon as legally obliged by leveraging a knowledge database on security incident diagnosis and response per global regulatory requirements.

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Data Protection Assessment Automation

​​Section(s): 541.105(a)

Automate data protection assessments (DPAs) by leveraging pre-built compliance templates, review responses, track each assessments’ individual progress in real time, and share assessments’ insights and results with third parties.

Vendor Assessments

Section(s): 541.104

Track all the organization's third-party vendors' relevant data processing activities in real-time to ensure their data processing practices related to shared data comply with the relevant regulatory requirements.

Vendor Management
Data Security Posture

Data Security Posture Management

Section(s): 541.101(a)(2)

Gain comprehensive visibility into potential misconfigurations in data assets across public clouds, data clouds, SaaS, and on-premises environments, in addition to contextual data insights, including people ownership, regulatory obligations, and security and privacy metadata.

Key Rights Under Texas’ TDPSA

Like most data privacy regulations, Texas’ TDPSA empowers all users with the following consumer data rights:

Right to Access

Consumers have the right to confirm whether a controller is processing their personal data and to access that data subsequently.


Right to Correction

Consumers have the right to correct any inaccuracies in their personal data, regardless of the nature of the data and the purpose for which it was collected.


Right to Deletion

Consumers have the right to request any collected personal data be deleted.


Right to Portability

Consumers have the right to request a copy of their personal data provided in a portable and readily usable format that can be transmitted to another controller without any issues.


Right to Opt-Out of Processing

Consumers have the right to opt out of the processing of their data altogether if the processing is for the following purposes:

  • Targeted advertising;
  • Sale of personal data;
  • Profiling for purposes of a decision that produces a legal consequence for the consumer.

Facts Related to Texas’ TDPSA

Here are some important facts related to Texas’s Data Privacy and Security Act (TDPSA):

1

Organizations must gain explicit consent to process sensitive personal data, which includes data like genetic, biometric, and precise geolocation data, among others;

2

The Texas Attorney General’s office has the exclusive regulatory authority to enforce the TDPSA;

3

Any entity found in violation of the TDPSA is liable for a civil penalty amount not exceeding $7,500 for each violation;

4

The TDPSA does not provide a basis for a private right of action for a violation of any of its provisions;

5

The TDPSA comes into effect on 1 July 2024, allowing subject organizations ample time to ensure compliance.

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