A New Frontier in Data Privacy for Texas Shopify Merchants

Privacy Laws

7 mins

Dilyana Simeonova
March 14, 2024

    Texas Data Privacy Act: What Shopify Store Owners Need to Know

    Hello,  Shopify family! There’s a new law on the horizon when it comes to data privacy, and it's bringing some changes to the way we do business online. Whether you're selling cowboy boots or high-tech gadgets, if you're a Shopify merchant that operates in Texas, it's time to get acquainted with the Texas Data Privacy & Security Act (TDPSA).

    🔍 What is the TDPSA and Its Effective Date

    The TDPSA is Texas's answer to the growing demand for personal data protection. Signed into law on June 18th, 2023, this act is set to roll out its rules on July 1st, 2024. It's a big deal because it’s following in some hefty footsteps, similar to the Virginia Consumer Data Protection Act but with a Texas-sized commitment to consumer rights.

    👥 Who Will Be Affected

    If you're running a business in Texas or even if your products are just being enjoyed by the folks there, you'll need to sit up and pay attention. Unlike other states where size matters, the TDPSA doesn’t only focus on how big your business is. Instead, it's more about whether you’re a "small business" according to the U.S. Small Business Administration (SBA). So, even smaller shops on Shopify could find themselves roped in by this new act.

    🛍️ Specifics for Texas Shopify Merchants

    Texas Shopify merchants, listen up! The TDPSA is going to change the way you handle personal data. You'll need to check if your store falls under the law’s umbrella because it’s not just about selling; it's about processing personal data, period. You'll want to get the lowdown on what defines a “small business” because this act takes a unique approach, and it’s not just about your revenue.

    📜 Understanding Your Duties

    As a Shopify merchant, you've got some new boxes to check to ensure you're treating your customers' data under the TDPSA:

    • Individual Rights: Customers will have more control than ever. They can ask to see their data, fix any mistakes, delete it, get a copy, and say “NO” to its sale or certain uses, like targeted ads.
    • Notice Requirements: Transparency is key. You’ll need to tell your customers exactly what you're doing with their data through a clear and accessible privacy notice. Plus, if you're dealing with sensitive or biometric data, you've got to make that crystal clear too.
    • Consent: If sensitive data is involved, you can't go ahead without an explicit thumbs-up from the customer. And remember, consent has to be a clear “Yes” - no tricky business or fine print.

    Incorporating these points into your business practices will be crucial to comply with the TDPSA and maintain customer trust.

    ⚖️ Enforcements and Penalties

    Messing with Texas just got real. If you're not in line with the TDPSA, you could be looking at a fine up to $7,500 per violation. The law is serious about giving businesses a chance to fix things with a 30-day cure period. But don't think a quick “sorry” note will do. You'll need to provide written proof that you’ve made things right, and you've got to make sure it doesn't happen again.

    🌟 Outro

    With the TDPSA on the horizon, it's time to take a hard look at how your Shopify store handles data privacy. Staying compliant in Texas means being ready to meet these new regulations head-on. With Consentmo's Standard and higher plans, setting up your Shopify store for Texas compliance is as easy as it gets. We simplify the complex, ensuring your cookie bar, compliance pages, and all the other requirements outlined above are taken care of swiftly. While we may not have a Texas-specific setting just yet, but enabling compliance for all regions has got you covered!

    Remember, being compliant isn't just about avoiding fines - it's about respecting your customers and building a trustworthy brand. Stay tuned and stay informed!

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    About the Author

    Dilyana Simeonova
    Dilyana is a Marketing Specialist in Consentmo with an academic background in Advertisement and Brand Management. Stumbling into the tech world with this job, she feels like she finally found her calling and is set on bringing the best compliance information to all Consentmo users.

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