Texas Business & Commerce Code

§ 541.104 — DUTIES OF PROCESSOR

BC § 541.104Title 11. PERSONAL IDENTITY INFORMATION · Part C. CONSUMER DATA PROTECTION · Ch. 541. CONSUMER DATA PROTECTION · Art. C. CONTROLLER AND PROCESSOR DATA-RELATED DUTIES AND PROHIBITIONS

Statute text

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(a)A processor shall adhere to the instructions of a controller and shall assist the controller in meeting or complying with the controller's duties or requirements under this chapter, including:

(1)assisting the controller in responding to consumer rights requests submitted under Section 541.051 by using appropriate technical and organizational measures, as reasonably practicable, taking into account the nature of processing and the information available to the processor;

(2)assisting the controller with regard to complying with requirements relating to the security of processing personal data, and if applicable, the personal data collected, stored, and processed by an artificial intelligence system, as that term is defined by Section 551.001, and to the notification of a breach of security of the processor's system under Chapter 521, taking into account the nature of processing and the information available to the processor; and

(3)providing necessary information to enable the controller to conduct and document data protection assessments under Section 541.105.

(b)A contract between a controller and a processor shall govern the processor's data processing procedures with respect to processing performed on behalf of the controller. The contract must include:

(1)clear instructions for processing data;

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Legislative history

Acts 2025, 89th Leg., R.S., Ch. 1174 (H.B. 149), Sec. 3, eff. January 1, 2026.