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Health Law Highlights

The TDPSA: A New Sheriff in Town for Texas Data Controllers and Processors

Summary of article from  Vinson & Elkins LLP, by Maggie Eller, Briana Falcon, Jeffrey Johnston, Michael Kurzer:

The Texas Data Privacy and Security Act (TDPSA), effective from July 1, 2024, mandates compliance from businesses operating in Texas or providing products/services to Texas residents, excluding small businesses and specific entities like state agencies and nonprofits. It defines consumer rights, responsibilities for data controllers and processors, and includes stringent requirements for handling personal and sensitive data. Sensitive data encompasses information such as race, health diagnoses, and biometric data, while certain healthcare and employment-related data are exempt. Organizations must conduct data protection assessments, update privacy policies, and establish systems for consumer rights compliance. Ensuring data security through administrative, technical, and physical measures is also emphasized.