This page covers one piece of the picture. For the full scope of the TDPSA — who must comply, the thresholds, the consumer rights and the penalties — start with our complete guide to the TDPSA and cookies.

Cookies are small data files stored on users’ devices that help websites remember preferences, track behavior, and deliver personalized ads.

Under the Texas Data Privacy and Security Act (TDPSA), businesses that operate in Texas and use cookies must now follow specific requirements related to transparency, consent, and consumer rights.

If you’re collecting data through cookies, here’s everything you need to know to stay compliant.

Yes cookies can be considered personal data under the Texas Data Privacy and Security Act (TDPSA).

While they might seem like harmless snippets of code, many cookies collect information that can identify, track, or build a profile about a user.

This includes tracking cookies, advertising cookies, and analytics cookies, all of which play a key role in digital marketing and website performance.

If a cookie can be linked to an individual either directly through data like an IP address, or indirectly by analyzing browsing behavior over time it is considered personal data under the TDPSA.

That means the same legal obligations apply as they would for a person’s name, email, or phone number.

This covers a wide range of cookie types, especially those used for behavioral advertising or tracking site interactions across multiple sessions.

Businesses using these types of cookies must ensure they are handling the data properly.

That includes obtaining valid user consent, providing clear notices, and offering easy ways for users to manage their preferences.

Ignoring this can put you at risk of non-compliance. To better understand which cookies on your site might fall into this category, check out our cookie compliance guide.

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Creating a cookie policy that meets the requirements of the Texas Data Privacy and Security Act (TDPSA) means going beyond vague statements.

Your policy must be clear, accessible, and written in plain language.

Most importantly, it needs to provide transparency around how cookies are used and what users can do to control them.

Start by explaining the types of cookies your site uses such as essential, analytics, and advertising cookies and what kind of data each one collects.

Be specific: does it collect location data, browsing habits, or identifiers like IP addresses? If third parties (like ad networks or analytics providers) have access to this data, that must also be clearly stated.

Users need to know why cookies are in use whether it’s to enhance functionality, track performance, or deliver targeted ads.

Additionally, your cookie policy should include easy-to-follow instructions for users to opt out or adjust their cookie settings.

This could be through a cookie preference center or a clear link in your consent banner.

Ideally, your policy should be integrated into your broader privacy notice or at least linked from your website footer and any banners shown to first-time visitors.

Need help creating a compliant policy that fits your brand? Book a free consultation with one of our privacy experts.

Yes — under the TDPSA, consent is required for certain types of cookies. While strictly necessary cookies (those essential for your site to load or function properly) can be used without consent, any cookie used for personalized advertising, cross-site tracking, or behavioral analytics requires explicit, prior permission from the user.

The Texas Data Privacy and Security Act empowers consumers to opt out of the sale of personal data and the use of their information for targeted advertising.

Since many cookies enable these very practices, businesses must ensure that their websites provide a way for users to reject non-essential cookies before any tracking occurs.

This makes having a proper cookie consent banner or preference management tool not just best practice but a legal necessity.

To stay compliant, your banner must be more than a passive notice. It should include a “reject” option as clearly as the “accept” one and offer access to a settings panel where users can manage their preferences.

Cookies for tracking should not fire until the user has opted in.

Want to see what a compliant setup looks like? Try our consent solution and see how easy it is to get aligned with the TDPSA.

Under the Texas Data Privacy and Security Act (TDPSA), users have the right to say no and businesses must make it easy for them to do so.

Specifically, individuals must be given clear, accessible ways to opt out of cookies that enable targeted advertising, the sale of personal data, or profiling that could impact decisions related to employment, credit, or other significant outcomes.

To meet this requirement, your website should offer multiple opt-out options. A cookie banner should not only inform but also empower users with granular controls allowing them to accept some types of cookies and reject others.

You should also provide a preference center where users can revisit and adjust their cookie settings at any time.

This helps reinforce transparency and gives users a sense of control over their data.

Additionally, a clearly labeled “Do Not Sell or Share My Personal Information” link in the footer is highly recommended. It signals your commitment to user privacy and helps you meet TDPSA obligations head-on.

These steps not only keep you compliant but also build trust with your audience. Want to make your opt-out tools easier to manage and more effective? Schedule a free demo and see how we can help.

Non-compliance with the Texas Data Privacy and Security Act (TDPSA) isn't just a legal risk it's a reputational one too. If your website fails to provide proper cookie notices or doesn't honor user preferences (like rejecting tracking cookies), you could face enforcement actions from the Texas Attorney General.

This may include fines, formal warnings, or mandatory corrective measures to bring your practices into alignment.

But beyond the legal penalties, there’s a bigger cost: loss of consumer trust.

More users today are aware of their privacy rights, and many actively avoid websites that lack transparent cookie consent banners or that make opting out difficult.

This is especially true for privacy-conscious users, who are often the most vocal and influential when it comes to brand perception online.

By taking the TDPSA seriously and prioritizing cookie compliance, you don’t just avoid fines you show your audience that their privacy matters.

This builds long-term loyalty and sets you apart from competitors who treat data protection as an afterthought. Want to make sure you're covered? Speak to a privacy expert and get a full cookie compliance check-up.

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To ensure your cookie strategy is fully TDPSA-compliant, following these best practices will keep your business on the right track and build user trust:

Audit your website’s cookies regularly to identify what data is being collected and for what purposes.

Understand the types of cookies in use whether they’re essential, analytics, or advertising so you can manage them effectively.

Use a cookie consent platform like AdOpt to easily manage opt-ins, track user consent, and ensure compliance with the TDPSA.

A solid platform also helps you create a transparent cookie banner that meets legal standards.

Keep your cookie policy up to date, ensuring it’s written in plain language and reflects any changes in your cookie practices or third-party relationships.

This gives users clarity and reassures them about how their data is being used.

Make sure your site allows users to opt out easily and respects their choices at all times.

Providing accessible opt-out options helps you comply with user rights under the TDPSA and strengthens your privacy practices.

Review third-party cookies periodically, and carefully vet any vendors who have access to user data through your site.

This ensures that all third parties comply with the same high standards you set for your own business.

By implementing these practices, you not only stay compliant with the TDPSA but also show your commitment to user privacy and build stronger, more trusting relationships with your customers.

Need assistance with auditing or setting up your cookie compliance strategy? Book a demo with one of our experts today!

Texas TDPSA compliance rests on documents that need to agree with each other: the privacy policy, which explains what you do with the data; the privacy portal, which is where the consumer exercises their rights and you keep the record of it.