What are the key differences between TDPSA and VCDPA?

The main differences include their applicability thresholds, consumer rights, enforcement mechanisms, and penalties. Texas's TDPSA has a maximum penalty of $25,000 per violation with a 30-day cure period, while Virginia's VCDPA has a maximum penalty of $7,500 per violation with a 30-day cure period. Use the comparison table above to see a full side-by-side breakdown.

Do I need to comply with both Texas and Virginia privacy laws?

If your business collects personal data from residents of both Texas and Virginia and meets the applicability thresholds for each law, then yes, you need to comply with both. Each state's law has its own thresholds for revenue, consumer count, and data processing activities. Use our free compliance calculator to determine which laws apply to your specific situation.

Which state has stricter privacy protections, Texas or Virginia?

Both laws provide strong privacy protections, but they differ in scope and enforcement. Texas's law is enforced by Texas Attorney General, while Virginia's law is enforced by Virginia Attorney General. Texas does not grant a private right of action, and Virginia does not grant a private right of action. The "stricter" law depends on your specific business activities and data practices.

Texas vs Virginia Privacy Law Comparison

Understanding the differences between Texas's TDPSA and Virginia's VCDPA is essential for businesses operating across state lines. Texas's law became effective July 1, 2024, while Virginia's law took effect January 1, 2023. Below is a detailed side-by-side comparison covering applicability thresholds, consumer rights, enforcement, and more.

Category	Texas TDPSA	Virginia VCDPA
Thresholds & Applicability
Effective Date	Jul 1, 2024	Jan 1, 2023
Revenue Threshold	None	None
Consumer Count	None	100,000
Data Sale % Threshold	None	50%
Consumer Rights
Right to Access
Right to Deletion
Right to Correction
Data Portability
Opt-Out of Sale
Opt-Out Targeted Ads
Opt-Out Profiling
Limit Sensitive Data
Right to Appeal
Private Right of Action
Enforcement & Compliance
Universal Opt-Out Required
Cure Period	30 days	30 days
Penalty / Violation	$25,000	$7,500
Enforcement Body	Texas Attorney General	Virginia Attorney General
Sensitive Data Consent	Opt-In	Opt-In
Data Broker Provisions	Texas has a separate Data Broker Law (HB 4460, effective September 1, 2023) requiring data brokers to register with the Secretary of State, pay annual fees, and post conspicuous data collection notices. Non-compliance can result in penalties of up to $100 per day.	The VCDPA does not include specific data broker registration requirements. Data brokers are subject to the same obligations as other controllers under the law.

Highlighted rows indicate differences between the two states

Texas vs Virginia: Common Questions

Not sure if Texas or Virginia privacy laws apply to you?

Our free calculator analyzes your business details and tells you exactly which state privacy laws you need to comply with.

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Disclaimer: PrivacyLawMap provides general information about US state privacy laws for educational purposes only. This is NOT legal advice. Privacy laws are complex and frequently amended. Consult with a qualified privacy attorney for advice specific to your business. PrivacyLawMap makes no warranties about the accuracy or completeness of this information.