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Annual Meeting of the State Bar of Texas: Business Law Section CLE - Co-sponsored by the Corporate Counsel Section
This is a compilation of the CLE materials from the Annual Meeting of the State Bar as presented by the Business Law Section. Please click on the link to download the materials that are available.
Privacy and Data Security Law in Texas, An Overview
The import of this article is, hopefully, to make Texas attorneys aware of just how broad the considerations of privacy and data security can be. As the field grows, lawyers in Texas will inevitably have to take privacy and data security issues into account in many varied business issues, in terms of compliance, transactions, and enforcement of rights. It also seems clear that the federal actions to date indicate that there will not be an over-arching action by the U.S. Congress to address privacy matters to the exclusion of state regulation, or if such an action is taken, that it will only create a floor for minimum protections, and states will continue to be able to regulate as long as it is in a manner that is not contrary to the federal scheme. Consequently, Texas lawyers should anticipate a continuing growth in privacy law and regulation in Texas, as well as an increase in privacy claims being asserted in Texas courts. The transactional lawyer in Texas will have to be aware of, and provide allocations for, these risks in the contracts and other legal documents he or she drafts and negotiates for clients.
Texas Privacy Law Essentials
Privacy law is rapidly evolving across the nation, and Texas is no exception. As businesses increasingly rely on data to drive operations, the legal landscape governing the collection, use, and protection of personal information is becoming more complex. Texas has established its own unique set of privacy regulations, including the Texas Identity Theft Enforcement and Protection Act, the Texas Medical Records Privacy Act, and, more recently, the Texas Data Privacy and Security Act. These laws impose significant obligations on businesses and grant enforcement powers to the Texas Attorney General, making compliance a top priority for companies operating within the state. Understanding Texas privacy law requires recognizing its interplay with federal regulations. Laws such as the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), and the Children’s Online Privacy Protection Act (COPPA) set nationwide standards for data protection. However, Texas law often supplements and expands on these federal frameworks, creating a layered regulatory environment. For instance, Texas’s medical privacy laws may impose stricter standards than HIPAA in certain contexts. Business lawyers must appreciate these intersections to effectively advise clients on compliance strategies that mitigate legal risk at both the state and federal levels. Privacy is no longer a niche concern reserved for technology companies; it is a fundamental issue that impacts every business sector. From retail and healthcare to financial services and energy, companies are collecting vast amounts of personal data. A single data breach or non-compliance incident can lead to costly litigation, regulatory penalties, and reputational damage. As trusted advisors, business lawyers must be equipped to guide clients through privacy challenges, helping them not only meet legal requirements but also build consumer trust and maintain a competitive edge in an increasingly data- driven economy.
Fall, 2015
Includes articles the 84th Session of the Texas Legislature, specifically: "2015 Texas Legislative Update on Entity Law" by Daryl Robertson; "A Series LLC Is Now Included Under The Texas UCC’s Definition Of Person, Removing Uncertainty For Secured Lending Transactions" by James Leeland; "Power of Attorney Bill (HB 3095)" by Jacqueline Akins. There were two non-legislative articles as well, including: "Confidentiality of Email – The Changing Consensus" by Ronald Chichester; and "Texas Crowdfunding Portals Provide Texas Businesses New Access to Investment Dollars" by R. Jason Pierce.
Fall, 2015
Includes articles the 84th Session of the Texas Legislature, specifically: "2015 Texas Legislative Update on Entity Law" by Daryl Robertson; "A Series LLC Is Now Included Under The Texas UCC’s Definition Of Person, Removing Uncertainty For Secured Lending Transactions" by James Leeland; "Power of Attorney Bill (HB 3095)" by Jacqueline Akins. There were two non-legislative articles as well, including: "Confidentiality of Email – The Changing Consensus" by Ronald Chichester; and "Texas Crowdfunding Portals Provide Texas Businesses New Access to Investment Dollars" by R. Jason Pierce.
New EU Privacy Regulation
If any of your clients have any dealings with European investors or customers, you should be aware of the EU’s massive new data privacy regulation that was published April 27. It is incredibly broad and strict. It treats personal data privacy as a fundamental right under law. This was apparently four years in the making. Here is the EU’s summary page: http://ec.europa.eu/justice/data-protection/data-collection/index_en.htm