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.
Clay Cossé represents clients in complex litigation in the automotive, products liability, commercial, electrical and gas utility, transportation, and catastrophic loss spheres. Clay obtains results for his clients by leveraging superior knowledge of their industries, their technologies, their processes, and the state of the art. Clay serves as co-leader of the firm’s electric and autonomous vehicles (E/AV) and advanced mobility team. He is a frequent contributor to Westlaw Today on all subjects automotive.