Texas Data Privacy and Security Act (TDPSA)
The Texas Data Privacy and Security Act (Business and Commerce Code Chapter 541, effective 1 July 2024) covers any business that operates in Texas or serves Texans and processes or sells personal data, unless it is an SBA small business, with no revenue threshold. It gives consumers rights to access, correct, delete and port data and to opt out of sale, targeted advertising and significant profiling, including through universal opt-out signals from 2025; requires privacy notices with statutory sensitive and biometric sale notices, data minimisation, reasonable security, consent for sensitive data, processor contracts and data protection assessments; and since 1 January 2026 requires processors to help secure data in AI systems. Enforced only by the Attorney General after a 30-day cure, with penalties up to $7,500 per violation.
Texas Data Privacy and Security Act (TDPSA) is a compliance framework from United States (Texas) with 5 domains and 19 controls that map to 129 other frameworks. The largest domains are Subchapter B: Consumer rights and requests – Texas Data Privacy and Security Act (TDPSA) (6 controls), Subchapter C: Controller duties and notices – Texas Data Privacy and Security Act (TDPSA) (6 controls), Small businesses, exemptions and enforcement cooperation – Texas Data Privacy and Security Act (TDPSA) (3 controls). Every control below carries what it requires and what an assessor expects to see.
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Framework Domains (5)
Data protection assessments and de-identified data – Texas Data Privacy and Security Act (TDPSA)
| Code | Title |
|---|---|
| texas-data-privacy-and-security-act-tdpsa::S541-105 | Conduct and document data protection assessments for high-risk processing and produce them to the AG |
| texas-data-privacy-and-security-act-tdpsa::S541-106 | Keep de-identified data de-identified and oversee recipients of de-identified or pseudonymous data |
Small businesses, exemptions and enforcement cooperation – Texas Data Privacy and Security Act (TDPSA)
| Code | Title |
|---|---|
| texas-data-privacy-and-security-act-tdpsa::S541-107 | Small businesses: never sell sensitive data without prior consent |
| texas-data-privacy-and-security-act-tdpsa::S541-154 | Answer AG investigative demands and cure noticed violations within 30 days with a documented statement |
| texas-data-privacy-and-security-act-tdpsa::S541-204 | Keep processing under a permitted-use exemption necessary, proportionate and secured, and prove it |
Subchapter B: Consumer rights and requests – Texas Data Privacy and Security Act (TDPSA)
| Code | Title |
|---|---|
| texas-data-privacy-and-security-act-tdpsa::S541-051 | Honour authenticated requests to access, correct, delete, port and opt out |
| texas-data-privacy-and-security-act-tdpsa::S541-052 | Respond within 45 days, free at least twice a year; handle third-party-sourced deletion correctly |
| texas-data-privacy-and-security-act-tdpsa::S541-053 | Run a conspicuous appeal process with a written answer within 60 days and the AG complaint link |
| texas-data-privacy-and-security-act-tdpsa::S541-054 | Keep contracts and terms free of waivers of consumer rights |
| texas-data-privacy-and-security-act-tdpsa::S541-055 | Provide two or more secure request methods, a website mechanism, and no forced account creation |
| texas-data-privacy-and-security-act-tdpsa::S541-055E | Honour opt-outs from authorised agents, including universal opt-out signals (from 1 January 2025) |
Subchapter C: Controller duties and notices – Texas Data Privacy and Security Act (TDPSA)
| Code | Title |
|---|---|
| texas-data-privacy-and-security-act-tdpsa::S541-101A | Limit collection to what is necessary and processing to disclosed or compatible purposes |
| texas-data-privacy-and-security-act-tdpsa::S541-101C | Get valid consent before processing sensitive data; follow COPPA for known children |
| texas-data-privacy-and-security-act-tdpsa::S541-101D | Do not discriminate unlawfully or penalise consumers for exercising rights |
| texas-data-privacy-and-security-act-tdpsa::S541-101S | Maintain reasonable administrative, technical and physical data security |
| texas-data-privacy-and-security-act-tdpsa::S541-102 | Publish a clear privacy notice and disclose sale and targeted advertising with the opt-out route |
| texas-data-privacy-and-security-act-tdpsa::S541-102B | Post the mandatory 'may sell your sensitive or biometric personal data' notices |
Subchapter C: Processors and contracts – Texas Data Privacy and Security Act (TDPSA)
| Code | Title |
|---|---|
| texas-data-privacy-and-security-act-tdpsa::S541-104A | Processor: follow instructions and help with rights, security, AI systems, breach notice and assessments |
| texas-data-privacy-and-security-act-tdpsa::S541-104B | Put a binding controller-processor contract in place with the required terms |
Your Compliance Coverage
If you comply with Texas Data Privacy and Security Act (TDPSA), you already cover:
Maps to 129 other frameworks
Coverage is not the same as your position
This page shows what Texas Data Privacy and Security Act (TDPSA) overlaps with in general. Where your organisation actually stands, against the standard you are going for and the certifications you already hold, is a different question. Same graph and the same recorded refutations, scoped to you rather than to a pair.
The Compliance Position Diagnostic, $5,000 fixed, ten business daysWhat is Texas Data Privacy and Security Act (TDPSA) and who does it apply to?
Texas Data Privacy and Security Act (TDPSA) is a compliance framework from United States (Texas) with 5 domains and 19 controls. The Texas Data Privacy and Security Act (Business and Commerce Code Chapter 541, effective 1 July 2024) covers any business that operates in Texas or serves Texans and processes or sells personal data, unless it is an SBA small business, with no revenue threshold. It gives consumers rights to access, correct, delete and port data and to opt out of sale, targeted advertising and significant profiling, including through universal opt-out signals from 2025; requires privacy notices with statutory sensitive and biometric sale notices, data minimisation, reasonable security, consent for sensitive data, processor contracts and data protection assessments; and since 1 January 2026 requires processors to help secure data in AI systems. Enforced only by the Attorney General after a 30-day cure, with penalties up to $7,500 per violation. It is used by organisations to establish and maintain compliance with industry standards and regulatory requirements.
What does Texas Data Privacy and Security Act (TDPSA) actually require?
Texas Data Privacy and Security Act (TDPSA) has 19 controls organised across 5 domains. The largest domains are Subchapter B: Consumer rights and requests – Texas Data Privacy and Security Act (TDPSA) (6 controls), Subchapter C: Controller duties and notices – Texas Data Privacy and Security Act (TDPSA) (6 controls), Small businesses, exemptions and enforcement cooperation – Texas Data Privacy and Security Act (TDPSA) (3 controls). Each control defines specific requirements that organisations must implement to achieve compliance.
If I already comply with another framework, how much of Texas Data Privacy and Security Act (TDPSA) do I already cover?
Texas Data Privacy and Security Act (TDPSA) maps to 129 other compliance frameworks. The top mapping partners are Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (UAE PDPL) (5% coverage), Vietnam PDPD (5% coverage), Turkey KVKK (5% coverage). Use our comparison tool to explore control-level mappings between frameworks.
How do I implement Texas Data Privacy and Security Act (TDPSA)?
Start your Texas Data Privacy and Security Act (TDPSA) compliance journey by running a self-assessment on our platform to identify your current compliance posture. Our AI advisory can answer specific questions about Texas Data Privacy and Security Act (TDPSA) requirements, and cross-framework mapping helps you leverage existing controls from other frameworks you may already comply with. Create a free account to access all 19 controls and track your progress.
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