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Cybersecurity and Data Privacy Attorneys in Texas

7 min read

  • 3 firms listed
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For a Texas business that handles personal information, privacy and security are legal obligations, not only IT tasks. The Texas Data Privacy and Security Act (TDPSA), in effect since July 1, 2024, applies to many businesses regardless of revenue. Texas breach notification law sets hard deadlines. A 2025 law gives smaller businesses a defense against exemplary damages if they maintain a recognized cybersecurity program, and the Texas Responsible Artificial Intelligence Governance Act took effect January 1, 2026.

Federal and industry rules add to this. HIPAA governs health data, the Gramm-Leach-Bliley Act covers financial institutions, the FTC polices unfair and deceptive data practices, and PCI DSS applies to payment card data. Companies with international operations may also face the GDPR. Each framework has its own rules on collection, security, breach notice, and consumer rights. Health data rules are covered in the guide to healthcare law attorneys in Texas, and defense contractor cybersecurity in the guide to government contracts attorneys in Texas.

What Cybersecurity and Data Privacy Attorneys Handle

Privacy Compliance Programs

The TDPSA applies to a person that conducts business in Texas or produces a product or service consumed by Texas residents, processes or sells personal data, and is not a small business as defined by the U.S. Small Business Administration (Business and Commerce Code § 541.002). There is no revenue or data-volume threshold. Even a business that qualifies as an SBA small business may not sell sensitive personal data without the consumer’s prior consent (§ 541.107). Attorneys map the data a business collects, determine which laws apply, and draft privacy notices, consumer request procedures, and internal policies.

Data Breach Response

When a breach of system security involves sensitive personal information, a business that owns or licenses the data must notify affected individuals without unreasonable delay and no later than 60 days after it determines that the breach occurred; a business that only maintains data owned by someone else must notify the owner immediately instead, and notice can be delayed at the request of law enforcement (Business and Commerce Code § 521.053(b)-(d)). If the breach involves at least 250 Texas residents, the business must also notify the Attorney General as soon as practicable and no later than 30 days after that determination, using the Attorney General’s online form (§ 521.053). Attorneys coordinate forensic investigations under privilege, decide which notices are required under Texas, federal, and other states’ laws, draft the notices, and handle regulator inquiries.

Cybersecurity Program Safe Harbor

Senate Bill 2610, effective September 1, 2025, added Chapter 542 to the Business and Commerce Code. A Texas business with fewer than 250 employees that owns or licenses computerized sensitive personal information cannot be ordered to pay exemplary damages in a lawsuit arising from a breach if it shows that, at the time of the breach, it implemented and maintained a cybersecurity program meeting the statute’s requirements, including conformity to an industry-recognized framework such as the NIST Cybersecurity Framework. Requirements scale with the number of employees. Attorneys help businesses design and document a program that qualifies.

Artificial Intelligence Governance

House Bill 149, the Texas Responsible Artificial Intelligence Governance Act, took effect January 1, 2026. It regulates certain uses of artificial intelligence systems, provides for civil penalties enforced by the Attorney General, and gives a person who receives a notice of violation an opportunity to cure before suit. Attorneys review AI uses and vendor contracts against the act’s requirements.

Vendor Contracts

Data shared with vendors, cloud providers, and partners creates both compliance duties and breach risk. Attorneys draft data processing agreements, HIPAA business associate agreements, and security terms in vendor contracts.

Investigations and Litigation

Breaches can lead to class actions alleging negligence, breach of contract, and statutory violations, and to investigations by the Texas Attorney General, the FTC, the HHS Office for Civil Rights, and other agencies. Attorneys defend claims, respond to investigations, and negotiate resolutions.

How to Choose a Cybersecurity and Data Privacy Attorney

Technical understanding. Look for an attorney who can work directly with your IT team and forensic investigators.

Industry experience. Health care, financial services, retail, and technology businesses face different rules. Ask about clients in your industry.

Breach response experience. Ask how many incidents the attorney has handled and how quickly the team can engage forensic firms and start notification analysis.

Credentials. The International Association of Privacy Professionals offers certifications such as CIPP/US. They are not required but show focused training in privacy law.

Texas Cybersecurity and Data Privacy Attorneys

Kane Russell Coleman Logan PC

Location: Dallas and Houston, Texas

Website: https://www.krcl.com

Phone: 214-777-4200

KRCL’s data privacy practice advises clients on compliance with domestic and international data protection laws including the Texas Data Privacy and Security Act, GDPR, and UK GDPR. Attorneys assist with privacy policy development, consumer rights mechanisms, data protection impact assessments, and vendor management. The team handles data incident response and investigations, representing clients from initial breach through regulatory inquiries and litigation.

Practice Focus:

  • Texas and multi-state privacy compliance
  • GDPR and international data transfers
  • Data breach response and notification
  • Privacy program development
  • M&A privacy due diligence

Chamberlain Hrdlicka

Location: Houston and San Antonio, Texas

Website: https://www.chamberlainlaw.com

Phone: 713-658-1818

Chamberlain Hrdlicka’s privacy and data security practice serves clients ranging from large corporations to emerging startups. The firm understands how data flows through systems and how companies implement technology, allowing attorneys to provide practical compliance advice. The practice handles breach response, regulatory investigations, cloud computing arrangements, mobile applications, and healthcare data privacy.

Practice Focus:

  • Data breach prevention and response
  • Healthcare data privacy and HIPAA
  • Cloud computing and vendor agreements
  • Mobile app and social media compliance
  • Regulatory investigations

Germer PLLC

Location: Beaumont, Austin, and Houston, Texas

Website: https://www.germer.com

Phone: 409-654-6700

Germer attorneys have significant experience responding to and managing cybersecurity incidents throughout Texas. The practice routinely analyzes breaches affecting the Texas Data Privacy and Security Act, HIPAA, and other applicable laws. Attorneys have managed breach notifications affecting large populations and defended resulting litigation from individual claims to class actions. The firm is positioned to respond to investigations by the Texas Attorney General, HHS Office for Civil Rights, and other state and federal agencies.

Practice Focus:

  • Breach response and notification
  • HIPAA compliance and enforcement
  • Regulatory investigations
  • Privacy litigation defense
  • Security incident management

Costs and Fees

Privacy compliance projects are often priced as a fixed fee per phase, such as a data map, policies, and training, or billed hourly. Some businesses use a monthly retainer for ongoing advice. Breach response is usually billed hourly, and the total depends on the number of affected people, the states and regulators involved, and whether litigation follows; cyber insurance policies may require the use of approved panel counsel at set rates. Ask your insurer and the firm how fees are handled before an incident happens.

Frequently Asked Questions

Does the Texas Data Privacy and Security Act apply to my business?

Probably, if you do business in Texas or sell products or services used by Texas residents, process or sell personal data, and are not a small business under the U.S. Small Business Administration’s definitions (§ 541.002). Unlike several other states’ privacy laws, the TDPSA has no revenue or consumer-count threshold. Small businesses that are exempt still may not sell sensitive personal data without the consumer’s prior consent. Other laws, such as HIPAA, may apply regardless.

What are my breach notification obligations in Texas?

If you own or license the sensitive personal information involved, you must notify affected individuals without unreasonable delay and no later than 60 days after you determine that the breach occurred, unless law enforcement asks you to delay. If you only maintain the data for its owner, you must notify the owner immediately. If it involves at least 250 Texas residents, you must also notify the Attorney General no later than 30 days after that determination (§ 521.053). Federal laws and other states’ laws may impose different or additional requirements.

Can I be sued for a data breach?

Yes. Affected individuals can bring negligence, contract, and other claims, and class actions are common after large breaches. The TDPSA itself is enforced only by the Attorney General, with civil penalties of up to $7,500 per violation after a 30-day cure period, and it does not create a private right of action (§§ 541.154, 541.155, 541.156). A qualifying business with fewer than 250 employees that maintains a compliant cybersecurity program is protected from exemplary damages in breach suits under Chapter 542.

Sources

Disclaimer: This directory is provided for informational purposes only and does not constitute legal advice, endorsement, or recommendation of any attorney or law firm. Information about attorneys and law firms was compiled from publicly available sources and may not be current or accurate. We make no representations or warranties about the qualifications, experience, or quality of any attorney listed. Always verify attorney credentials with the State Bar of Texas, confirm current contact information, and conduct your own due diligence before hiring legal counsel. No attorney-client relationship is created by use of this directory.