The Texas Data Privacy and Security Act (TDPSA) came into force on July 1, 2024. However, the specific provisions providing for universal opt-out mechanisms for consumers will not take effect until January 1, 2025.
Create a data protection policy
Develop a privacy policy that complies with all legal obligations set out in the legal text. Review and update your existing privacy policy regularly to ensure that it complies with the latest legal requirements.
- Data categories and processing purposes: Clearly and comprehensibly list all categories of personal data that you collect, including any sensitive data. Explain in detail the purposes for which this data is processed.
- Consumers' rights: Provide consumers with comprehensive information on how they can exercise their rights under data protection law, including the right to access, rectify and erase their data and the right to object to processing.
- Data sharing with third parties: Be transparent about whether and what data is shared with third parties. Specify under what circumstances and for what purposes this transfer takes place and how the security of the data is guaranteed.
Implement a Consent Management Platform (CMP)
Use a Consent Management Platform (CMP) to effectively manage consumer consent. This tool supports you with automated data collection, management and storage, as well as compliance with various opt-in and opt-out obligations.
- Comply with opt-in requirements: Use the CMP to obtain explicit consent before processing sensitive personal data and make the sale of sensitive or biometric data transparent.
- Implement opt-out procedures: Incorporate opt-out capabilities into your CMP to give consumers control over the use of their data for targeted advertising, the sale of their personal data and certain profiling activities.
Add a DSAR form for consumer requests
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Improve accessibility: Post the DSAR form in a prominent location on your website to ensure it is easy to find for all users.
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Offer alternative contact methods: In addition to the online form, a specific email address should also be provided for consumers to submit their privacy inquiries.
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Inform consumers: Use consent banners and cookie policies to educate consumers about their rights and how to submit DSAR requests.
Right to information
Consumers have the right to check whether a company is processing their personal data. They also have access to this data in order to view its use and processing.
Right of access
Consumers can request access to their personal data stored by a company. This enables them to check the completeness and accuracy of the data.
Right to correction & deletion
Consumers have the right to have inaccurate or outdated personal data corrected. They can also request that a company deletes their data, provided there are no legal retention obligations to the contrary.
Right to opt-out
Consumers have the right to prohibit the sale of their personal data. They can also refuse targeted advertising and object to the use of their data for significant decisions based on automated profiling.
We implement the Usercentrics CMP for you
The implementation of a Consent Management Platform (CMP) offers companies numerous advantages when handling personal data and helps them to comply with the TDPSA. A CMP enables the efficient and legally compliant management of user consent. It not only improves the transparency and understanding of data processing processes for users by providing clear information about opt-ins and opt-outs, but also optimizes the user experience and strengthens their trust. In addition, automating the consent process with a CMP saves time and reduces errors.
As data protection and digital analytics experts, we offer companies the implementation and configuration of the Consent Management Platform (CMP) from Usercentrics, the leading provider in Europe. Our expertise in data protection and digital analytics enables us to provide a customized solution that not only meets legal requirements, but also offers the highest opt-in rates and is optimally tailored to the specific needs and processes of your company.
