Texas Data Privacy and Security Act (TDPSA) Guide for Website Compliance

Introduction

*Updated for 2026 compliance practices.*

The Texas Data Privacy and Security Act (TDPSA) is a comprehensive state privacy law that introduces new obligations for businesses handling personal data of Texas residents. For website owners, understanding the TDPSA is critical because it directly impacts how you collect consent, manage cookies and trackers, and disclose data practices. This guide provides a practical, technical walkthrough of what the TDPSA means for your website, how to implement compliance step by step, and how to validate your setup using GDPRChecker’s scanning tools. While this guide focuses on technical implementation, always consult a qualified attorney for legal advice specific to your situation.

What Is the Texas Data Privacy and Security Act (TDPSA)?

The Texas Data Privacy and Security Act (TDPSA) is a state-level privacy law that grants Texas consumers rights over their personal data and imposes duties on businesses that collect, process, or sell that data. Signed into law in 2023, it takes effect on July 1, 2024, and applies to entities that conduct business in Texas or produce products or services consumed by Texas residents and meet certain thresholds (e.g., processing personal data of 50,000 or more Texas residents). The TDPSA shares similarities with other U.S. state privacy laws like the California Consumer Privacy Act (CCPA) and the Virginia Consumer Data Protection Act (VCDPA), but it includes unique provisions such as a specific focus on data security requirements and a broader definition of sensitive data.

For website owners, the TDPSA means you must: - Provide clear privacy notices disclosing categories of personal data collected, purposes of processing, and third-party sharing. - Obtain opt-in consent before processing sensitive personal data (e.g., precise geolocation, biometric data, data from a known child). - Honor consumer rights requests, including access, deletion, correction, and data portability. - Implement reasonable data security practices to protect personal data. - Conduct data protection assessments for high-risk processing activities.

Because the TDPSA is a new law, many businesses are still interpreting its requirements. This guide focuses on the practical steps you can take today to align your website with the TDPSA’s consent and disclosure expectations, using GDPRChecker to verify your implementation.

Step-by-Step Implementation of TDPSA Compliance on Your Website

Implementing TDPSA compliance involves updating your consent management, privacy disclosures, and data handling practices. Follow these steps to align your website with the new requirements.

1. Audit Your Data Collection and Tracking Start by identifying all cookies, trackers, and scripts that collect personal data from Texas visitors. Use GDPRChecker’s scanner to generate a complete inventory of network requests, including third-party domains, cookies set, and local storage usage. Pay special attention to: - Advertising pixels (e.g., Meta, Google Ads) - Analytics tools (e.g., Google Analytics 4) - Social media widgets - Embedded content (e.g., YouTube videos) - Any script that accesses precise geolocation or biometric data

2. Implement a Consent Management Platform (CMP) Deploy a consent banner that meets TDPSA requirements. The banner should: - Clearly inform users about data collection purposes. - Provide a mechanism to opt out of the sale of personal data and targeted advertising. - Obtain opt-in consent before processing sensitive data. - Allow users to change their preferences easily.

If you use Google Consent Mode v2, configure it to respect Texas-specific consent signals. For example, set `ad_storage` and `analytics_storage` to denied by default for Texas users until they opt in to targeted advertising or analytics that involve sale/sharing. See our Google Consent Mode v2 guide for detailed setup instructions.

3. Update Your Privacy Policy Your privacy policy must disclose: - Categories of personal data collected. - Purposes of processing. - Categories of third parties with whom data is shared. - Consumer rights under TDPSA and how to exercise them. - How to opt out of sale and targeted advertising.

Ensure the policy is easily accessible from every page, typically via a footer link. Use GDPRChecker to scan for the presence and correct linking of your privacy policy. For more details, see our privacy policy requirements guide.

4. Configure Tag Manager for Conditional Firing If you use Google Tag Manager, set up triggers that fire tags only after consent is obtained. For Texas users, create a custom trigger that checks for TDPSA consent status. For example, a tag for Facebook Pixel should fire only when the user has not opted out of targeted advertising. Test this using GDPRChecker’s pre-consent request scan to ensure no unauthorized requests are sent.

5. Establish a Process for Consumer Rights Requests Under TDPSA, consumers can request access, deletion, correction, and portability of their data. While GDPRChecker does not automate DSAR workflows, you can use its scanning to verify that your website’s data collection aligns with what you disclose in your privacy policy, making it easier to respond to requests accurately.

6. Conduct Data Protection Assessments For high-risk processing (e.g., targeted advertising, sale of data, sensitive data processing), document a data protection assessment. While this is a legal requirement, GDPRChecker can help by providing evidence of your data flows and consent mechanisms, which you can include in your assessment.

Common TDPSA Compliance Mistakes and How to Avoid Them

Many website owners inadvertently violate TDPSA by overlooking subtle but critical details. Here are the most frequent mistakes and how to prevent them.

Mistake 1: Failing to Block Pre-Consent Network Requests Even if you have a consent banner, some scripts may fire before the user interacts with it. This is a violation because personal data (e.g., IP address, device fingerprint) is transmitted without consent. Use GDPRChecker’s pre-consent scan to detect any requests that occur before consent. If you find any, adjust your tag manager or CMP to block them by default.

Mistake 2: Not Distinguishing Between GDPR and TDPSA Consent Models Applying the same strict opt-in model for Texas users as for EU users can unnecessarily limit data collection for legitimate purposes. Conversely, using a soft opt-out for Texas users when GDPR requires opt-in can lead to non-compliance. Configure your CMP to apply different consent rules based on the user’s location.

Mistake 3: Ignoring Sensitive Data Consent If your website collects precise geolocation (e.g., for store locators or shipping calculators), you must obtain opt-in consent before accessing that data. Many sites overlook this because they assume general cookie consent covers it. GDPRChecker can scan for geolocation API calls and verify they are blocked until consent.

Mistake 4: Incomplete Privacy Policy Disclosures A privacy policy that only mentions GDPR or CCPA may not satisfy TDPSA’s specific disclosure requirements. Ensure your policy explicitly references Texas residents and their rights under TDPSA. Use GDPRChecker to verify that your policy link is present and accessible on all pages.

Mistake 5: Not Testing the Reject Flow Many consent banners work well when users accept all, but fail to properly block trackers when users reject or customize preferences. Test the reject flow thoroughly: use GDPRChecker to simulate a user who rejects all non-essential cookies and verify that no advertising or analytics requests are sent.

How to Validate TDPSA Compliance with GDPRChecker

GDPRChecker provides a suite of scanning tools that help you verify your website’s compliance with TDPSA’s consent and disclosure requirements. Here’s how to use it effectively.

1. Pre-Consent Request Scan Run a scan to detect any network requests that occur before user consent. This includes cookies, pixels, and API calls. The scan will flag any requests that should be blocked until consent is obtained. For TDPSA, pay special attention to requests related to targeted advertising and sensitive data.

2. Consent Banner Behavior Check Verify that your consent banner appears correctly and that its behavior matches your configuration. GDPRChecker checks for: - Banner visibility on first visit. - Correct categorization of cookies (essential vs. non-essential). - Proper blocking of non-essential cookies when the user rejects or does not interact. - Functioning preference center.

3. Privacy Policy Link Verification Ensure your privacy policy is linked from every page, typically in the footer. GDPRChecker scans for the presence of the link and checks that it leads to a valid policy page. It also verifies that the policy contains key terms like “Texas Data Privacy and Security Act” or “TDPSA.”

4. Post-Change Rescan After making updates to your consent setup, always rescan to confirm the changes are effective. This is especially important after deploying new tags, updating your CMP, or modifying your privacy policy. Regular scans help maintain compliance over time.

For advanced monitoring, consider GDPRChecker’s paid plans, which offer runtime protection, consent records, and page-coverage checks. These features provide ongoing evidence of your compliance posture.

TDPSA Implementation Checklist

Use this checklist to ensure you’ve covered all critical steps for TDPSA compliance on your website.

Audit all cookies, trackers, and scripts using GDPRChecker’s scanner.
Deploy a consent banner that supports opt-out of sale/targeted ads and opt-in for sensitive data.
Configure Google Consent Mode v2 to respect Texas-specific consent signals.
Update your privacy policy to include TDPSA-specific disclosures and rights.
Set up tag manager triggers to fire only after appropriate consent.
Test the reject flow: verify no non-essential requests fire after rejection.
Scan for pre-consent network requests and block any unauthorized ones.
Verify that precise geolocation or biometric data collection requires opt-in consent.
Establish a process for handling consumer rights requests (access, deletion, etc.).
Document data protection assessments for high-risk processing.
Schedule regular GDPRChecker scans to monitor ongoing compliance.
Train your team on TDPSA requirements and your consent management procedures.

FAQ

What is the Texas Data Privacy and Security Act (TDPSA)? The TDPSA is a Texas state law that gives residents rights over their personal data and requires businesses to implement specific privacy protections. It applies to entities processing personal data of 50,000+ Texas residents and takes effect July 1, 2024. Key obligations include opt-in consent for sensitive data, opt-out rights for sale/targeted ads, and data security requirements.

Do I need to comply with TDPSA if I already comply with GDPR? Not necessarily. GDPR compliance does not automatically satisfy TDPSA because the laws have different consent models and scopes. You must assess whether your website collects data from Texas residents and meets the TDPSA’s applicability thresholds. If so, you may need to adjust your consent flows and disclosures specifically for Texas users.

How do I implement TDPSA consent requirements on my website? Start by auditing your data collection with a scanner like GDPRChecker. Then, deploy a consent management platform that supports opt-out of sale/targeted ads and opt-in for sensitive data. Configure your tag manager to fire tags conditionally based on consent. Finally, update your privacy policy to reflect TDPSA rights and disclosures.

How can I verify TDPSA compliance with a scanner? Use GDPRChecker to run pre-consent scans, check consent banner behavior, and verify privacy policy links. The scanner detects unauthorized network requests, ensures cookies are blocked until consent, and confirms that your policy is accessible. Regular scans after changes help maintain compliance.

What are common TDPSA compliance mistakes? Common mistakes include failing to block pre-consent network requests, not distinguishing between GDPR and TDPSA consent models, ignoring sensitive data consent requirements, having incomplete privacy policy disclosures, and not testing the reject flow. Use GDPRChecker to identify and fix these issues.

Which cookies and trackers should I check for TDPSA compliance? Focus on advertising pixels (e.g., Meta, Google Ads), analytics tools, social media widgets, and any scripts that access precise geolocation or biometric data. These often involve sale or targeted advertising, which require opt-out mechanisms, or sensitive data, which requires opt-in consent.

How often should I review my TDPSA compliance? Review your compliance at least quarterly, or whenever you make changes to your website’s tags, consent banner, or privacy policy. Regular GDPRChecker scans can alert you to new compliance gaps, such as unauthorized trackers or broken consent flows.

What evidence should I keep for TDPSA compliance? Maintain records of your data audits, consent configurations, privacy policy versions, and data protection assessments. GDPRChecker’s paid plans provide consent records and scan reports that serve as evidence of your compliance efforts. This documentation is crucial if you face an inquiry from the Texas Attorney General.

Conclusion

The Texas Data Privacy and Security Act (TDPSA) represents a significant shift in U.S. privacy law, and website owners must take proactive steps to comply. By understanding the TDPSA’s unique requirements—especially around sensitive data consent and opt-out mechanisms—you can avoid common pitfalls and build trust with your Texas users. GDPRChecker’s scanning tools provide a practical way to validate your consent setup, detect pre-consent requests, and ensure your privacy disclosures are in order. Start with a free scan today to see where your website stands, and explore our related guides on cookie banner requirements and GDPR requirements for websites to strengthen your overall privacy posture.

Implementation checklist

Identify the pages, banners, tags, and vendors affected by the change.
Record the current configuration and policy version before making changes.
Define denied consent defaults before optional tags are allowed to run.
Test Reject all, Analytics only where offered, and Accept all in a clean browser session.
Check browser network activity for requests that fire before consent.
Confirm that the cookie disclosure and privacy notice match the live configuration.
Save the scan result, screenshots, and deployment reference as evidence.
Schedule a follow-up scan after future script, banner, or policy changes.

Next step

Run a GDPRChecker scan to validate consent behavior, trackers, and disclosures after you implement the checklist above.

Practical examples

Example 1: A small ecommerce site

A shop changes its cookie banner wording before a seasonal campaign. The operator records the previous and new banner version, tests Reject all and Accept all, and stores screenshots plus the resulting network checks. That creates a clear before-and-after record without relying on memory.

Example 2: A B2B lead-generation site

A marketing team adds a form analytics tag through its tag manager. Before publishing, it documents the consent category, the tag trigger, the privacy notice update, and a test showing that the request does not fire after a visitor rejects optional cookies.

Example 3: A multi-page content site

An editor notices that a new embedded video adds a third-party request. The team scans the affected pages, compares the result with the last scan, updates the cookie disclosure if necessary, and keeps the scan report with the deployment reference.

> This guide is technical implementation guidance for website owners. It is not legal advice.

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