Texas Data Privacy And Security Act Goes Into Effect With Impact Far Beyond Its Borders

On June 18, Texas became the eleventh state to enact a comprehensive consumer privacy law by passing the Texas Data Privacy and Security Act (TDPSA) (HB 4). The TDPSA will take effect on July 1, 2024, which is the same day as the recently passed Florida Digital Bill of Rights.

The TDPSA contains many provisions that are similar to other state privacy laws, particularly the Virginia Consumer Data Protection Act (VCDPA), but the TDPSA applies to a much broader range of individuals and businesses (known as "controllers" under the statute) inside and outside of the state. Starting January 1, 2025, the TDPSA also requires all controllers to recognize universal opt-outs (e.g., web browser privacy settings or the use of designated electronic agents).