In between impeaching an Attorney General and creating a new type of business court, the 88th Texas Legislature passed the Texas Data Privacy and Security Act (TDPSA) (H.B. 4), which, once signed by Governor Abbott, will take effect July 1, 2024. State data privacy statutes generally track concepts in Europe’s General Data Protection Regulation (GDPR), including notices of data collection, data subject rights (knowing what data a business has, correcting it, deleting it, opting out of certain uses of personal data, etc.), and restrictions on use or transfer of personal data. Texas, which would join nine other states in enacting “comprehensive” data privacy regulations, has added some twists and traps for the unwary, particularly midsized businesses engaging in interstate commerce. Here are three notable features of the TDPSA.
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