TX SB 2610: The 'Get Out of Jail Free' Card for Data Breach Lawsuits

Introduction

Introduction Texas lawmakers threw small businesses a lifeline with SB 2610. It protects you from business-ending lawsuits after a hack.

But many owners ignore it because they think compliance requires a million-dollar budget. It doesn’t. The law is designed to fit your specific size.

The "Plain English" Explanation Think of this like building a house in a hurricane zone.

If a storm hits and destroys your home, it’s a disaster. But if you can prove you followed the building codes, you aren’t liable for negligence. You did your job.

If you ignored the codes to save money and the roof flies off? You are on the hook for everything.

SB 2610 is the "Building Code" for your data. If you follow the rules, the law protects you. The best part? The "code" is much simpler for a small cottage than it is for a skyscraper.

The 3 Tiers of Compliance The law breaks businesses down by employee count. You just need to match your tier to the requirements.

• Tier 1: The "Essentials" (Fewer than 20 Employees)

  • The Requirement: You face "simplified requirements."

  • What you must do: You need robust password policies and appropriate employee cyber security training.

  • Translation: You don't need a massive audit. You need to prove your team knows how to spot a phish and isn't using "Password123."

• Tier 2: The "Cyber Hygiene" (20 to 99 Employees)

  • The Requirement: You must meet the "Center for Internet Security (CIS) Controls Implementation Group 1."

  • What you must do: This is known as "Basic Cyber Hygiene." It includes maintaining an inventory of your hardware/software, securing your data backups, and using Multi-Factor Authentication (MFA).

  • Translation: You need to lock the doors and windows. You need a documented process for how you handle data and devices.

• Tier 3: The "Framework" (100 to 249 Employees)

  • The Requirement: You must align with a full industry standard like NIST CSF or ISO 27000.

  • What you must do: This is a comprehensive security program. It covers everything from how you hire people to how you detect intruders.

  • Translation: You are big enough to cause large data breach fallout. You need a professional-grade defense strategy that is validated and maintained.

How KRT Security Helps You Qualify We don't oversell you. We match the solution to your Tier.

• For Tier 1: We use our Cyber Resiliency Check. It’s a low-cost, high-value review. We look at your backups and verify your training logs. We give you a simple scorecard to prove you are doing the basics and are resilient to cyber attack and will recover.

• For Tier 2: We step up to a Vulnerability Management program. We help you implement the "Cyber Hygiene" controls (like asset tracking and patching) so you pass the CIS Group 1 standard.

• For Tier 3: Our vCISO service ensures you meet the strict NIST or ISO standards without hiring a $200k executive. We build the roadmap, write the policies, and oversee the Penetration Testing required to validate your defenses.

Actionable Steps You Can Take Today

• Count your heads. Know exactly which Tier (1, 2, or 3) you fall into so you don't overspend or under-prepare.

• Check your training logs. If you are Tier 1 or 2, do you have a record that says "Jane Doe completed Security Training on [Date]"? If not, you are not compliant.

• Get it in writing. If your information security policy isn't written down, it doesn't exist in court.

Conclusion The law is giving you a shield. Are you going to pick it up, or leave it on the table?

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