On June 18, 2023, Governor Greg Abbott signed into law the Texas Data and Privacy Security Act (the "Texas Privacy Law"), which goes into effect July 1, 2024. With this law, Texas joins 10 other states that have also passed comprehensive privacy laws throughout the United States: California, Virginia, Colorado, Connecticut, Utah, Florida, Montana, Iowa, Tennessee, and Indiana.
Overall, while the Texas Privacy Law closely resembles the privacy model established by the non-California privacy laws, it has certain nuances. Nevertheless, any company that has already implemented compliance with other privacy laws should be able to leverage its existing privacy compliance program to address the Texas Privacy Law.
Described below are the key takeaways from the Texas Privacy Law, including noteworthy deviations from the other state privacy laws:
To whom does this apply?
Unlike the other state privacy laws—which are triggered if a business meets a certain revenue threshold, conducts a volume of personal data processing, or derives a certain revenue from the sale of personal data—the Texas Privacy Law applies to entities that: (1) conduct business in Texas or produce a product or service consumed by residents of the state, (2) process or sell any volume of personal data, and (3) are not a small business, as defined by the US Small Business Administration.1
The Texas Privacy Law also follows the naming convention used by the non-California privacy laws by referring to the entity that...
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